EXPORT of OBJECTS of CULTURAL INTEREST 2006-07 DCMS aims to improve the quality of life for all through cultural and sporting activities, support the pursuit of excellence, and champion the tourism, creative and leisure industries.
Cover: Watercolour painting by J M W Turner, The Blue Rigi, Lake of Lucerne, Sunrise, 1842 EXPORT CONTROL ACT 2002
Presented to Parliament by the Secretary of State for Culture, Media and Sport Pursuant to Section 10 (1)(a) of the Export Control Act 2002
EXPORT of OBJECTS of CULTURAL INTEREST 2006-07
December 2007 £18.55 © Crown Copyright 2007 The text in this document (excluding any Royal Arms and departmental logos) may be reproduced free of charge in any format or medium providing that it is reproduced accurately and not used in a misleading context. The material must be acknowledged as Crown copyright and the title of the document specified. Any queries relating to the copyright in this document should be addressed to The Licensing Division, HMSO, St Clements House, 2-16 Colegate, Norwich, NR3 1BQ. Fax: 01603 723000 or e-mail: [email protected]. 3
EXPORT of OBJECTS of CULTURAL INTEREST 2006-07
1 May 2006 – 30 April 2007
I Report of the Secretary of State
II Report of the Reviewing Committee on the export of Works of Art and Objects of Cultural Interest 4 Export of Objects of Cultural Interest 2006-07 5
Annual Report to Parliament By the Secretary of State for Culture, Media and Sport
I am pleased to lay before Parliament this, the third annual report on the operation of the export controls on objects of cultural interest, as required by section 10(1) (a) of the Export Control Act 2002 (the 2002 Act). The report covers the period 1 May 2006 to 30 April 2007.
The UK’s export controls are aimed at striking a balance between the need to protect the heritage, the rights of owners and the encouragement of a thriving art market. The system is therefore designed to act as a safety net to protect the more important objects, whilst allowing the majority of other items to be freely exported. I am pleased to see that, broadly, we have been successful in that aim during the last year.
The Reviewing Committee on the Export of Works of Art and Objects of Cultural Interest Since 1954, successive governments have voluntarily published the reports of the Reviewing Committee on the Export of Works of Art. The Committee (a non-statutory body) advises on the principles which should govern the controls on objects of cultural interest, and considers all cases where there has been an objection to the granting of an export licence.
I am extremely grateful to the Committee for the expert advice it has given during the year on the cases it reviewed against the Waverley Criteria. We are all indebted to the Committee’s Chairman, Lord Inglewood, and to all the members of the Committee, who give both their expertise and their time freely and generously. I would like to take this opportunity of thanking Martin Levy, whose appointment came to an end in February 2007, for his significant contribution to the Committee over the last 10 years. He will be very much missed. I would also like to welcome new Committee members Christopher Wright and Simon Jervis who I know will serve the Committee extremely well in the years to come.
In fulfilment of its independent role in providing advice on the export system, the Committee has also taken the opportunity in its section of this report to raise a number of concerns. My comments on these issues can be seen below. 6
Export of Waverley standard objects A total of 28 items were referred to the Committee by Expert Advisers, 22 of which were subsequently found to meet the Waverley Criteria. 21 cases were referred to the then Secretary of State and she accepted the Committee’s recommendations on them all. One of the 22 was withdrawn following the hearing and subsequently not referred to the Secretary of State. One of the 21 cases referred was refused a licence without a deferral period because the owner had made known their intention to refuse a matching offer at the recommended price.
In all, 20 items had their licences deferred, with an aggregate value of £24.5 million. Of these 20 items, 12 were acquired by UK institutions or individuals, representing 60% of items placed under deferral.
I fully understand the Committee's concern that of the 22 objects which met the Waverley Criteria, four were eventually granted an export licence. It is welcome news, however, that 12 items (with one case still to be concluded) – were kept in the UK. I was also pleased to note that all three starred objects – those identified as being of particular significance – have been retained in the UK. This is a particular success for the current export control system. Such an achievement would not, of course have been possible without the valuable assistance of the National Heritage Memorial Fund, the Heritage Lottery Fund, The Art Fund, the MLA/Victoria & Albert Museum Purchase Grant Fund, associations of friends of museums and galleries, together with private and corporate donors, all of whom deserve our thanks and recognition.
Adequacy of available funding I recognise the Committee’s views on the level of funding available for acquisitions. I take this matter seriously. The Government’s grant to the National Heritage Memorial Fund was increased to £10 million in 2007-08, thereby doubling its resources for the acquisition of ‘national treasures’. In the context of an extremely challenging Comprehensive Spending Review, I was pleased to be able to announce recently that funding will now continue at this level for the next three years. As well as this, our ongoing investment in national museums and galleries, and in the Renaissance in the Regions programme of support for regional museums, will be sustained in real terms through to 2010/11, by which time our annual investment in museums and galleries will be over £440 million.
There are of course tax reliefs such as Gift Aid and Payroll Giving already in place to encourage giving to the cultural sector. My Department has, in conjunction with Deloitte and Arts & Business, developed an online tax guide, launched by the Minister for Culture on 4 October 2007. The guide is intended to increase awareness and take up of such reliefs. It is published on the Arts & Business website and can be found at www.aandb.org.uk/taxguide. Export of Objects of Cultural Interest 2006-07 7
The Acceptance in Lieu scheme has continued successfully to ensure that an exceptional range of pre-eminent objects have been taken into public ownership. In the 2006-07 tax year 32 cases were completed, resulting in items valued at approximately £25.3 million being accepted under the scheme and being widely distributed throughout the UK. 8
Operation of the control The following figures cover the period of this report (1 May 2006 – 30 April 2007).
1 May 2006 – 1 May 2005 – 30 April 2007 30 April 2006
(a) Number of applications for 11,607 10,220 individual export licences1 (b) Number of above applications 1,835 1,329 which were for manuscripts, documents or archives (c) Number of items licensed after 27,444 20,063 reference to expert advisers on the question of national importance (d) Total value of items in (c) £1,842,844,793 £1,451,971,034 (e) Number of Open individual licences 16 16 issued to regular exporters for the export of manuscripts, documents, archives and photographic positives and negatives (f) Number of items licensed after the 17,723 9,844 Export Licensing Unit was satisfied of import into the UK within the past 50 years (g) Total value of items in (f) £6,476,033,552 £4,425,749,023 (h) Number of items in (f) which were 838 859 manuscripts, documents or archives (i) Total value of items in (h) £67,887,642 £38,019,848 (j) Number of items given an EC licence 4,100 2,668 without reference to the question of national importance because they were valued at below the appropriate UK monetary limit2 (k) Total value of items in (j)2 £1,549,816,636 £882,881,577
1 One application may cover several items. 2 In some cases, an EC export licence may be required to export items that are valued below the relevant UK monetary limit. In such cases, an EC licence will normally be given without referring the licence application to the expert adviser on the question of national importance. 9
Report of the Reviewing Committee on the Export of Works of Art and Objects of Cultural Interest 1 May 2006 – 30 April 2007
To: Rt Hon. James Purnell MP Secretary of State for Culture, Media and Sport
Fifty-third Report of the Reviewing Committee 10 Reviewing Committee on the Export of Works of Art and Objects of Cultural Interest
MEMBERS OF THE COMMITTEE 2006-07 Lord Inglewood (Chairman) Ms Amanda Arrowsmith (until May 2006) Professor David Ekserdjian Mr Simon Swynfen Jervis (from 10 April 2007) Dr Catherine Johns Mr Tim Knox Mr Martin Levy (until February 2007) Professor Pamela Robertson Mr Johnny Van Haeften Dr Christopher Wright JOINT SECRETARIES Ms Nicki Fox Ms Helen Loughlin (until March 2007) Ms Isabel Wilson (from March 2007) POSTAL ADDRESS Secretary Reviewing Committee on the export of Works of Art and Objects of Cultural Interest Museums, Libraries and Archives Council Victoria House Southampton Row London WC1B 4EA
A register of interest held by Committee members is posted on Museum Libraries and Archive Council’s website http://www.mla.gov.uk/website/programmes/cultural_property/reviewing_committee Export of Objects of Cultural Interest 2006-07 11
Contents
SECTION page Part 1 Reviewing Committee Report for 2006-07 14 Part 2 Operation of the Control 28
INDIVIDUAL EXPORT CASES Case 1 A painting by Francesco Solimena, Joseph and Potiphar's Wife 30 Case 2 A painting by Michiel van Musscher, Portrait of an Artist 31 in his Studio Case 3 A Scottish all-metal flintlock belt pistol, c.1670 33 Case 4 A watercolour painting by J M W Turner, 34 The Dark Rigi, Lake of Lucerne, 1842 Case 5 Archive of the Reverend William Gunn 36 Case 6 A watercolour painting by J M W Turner, 38 Lake of Lucerne, from the Landing Place at Fluelen, Looking towards Bauen and Tell's Chapel, Switzerland, c.1815 Case 7 An Anglo-Saxon gilded mount with interlace decoration 40 Case 8 An Anglo-Saxon great square headed brooch 42 Case 9 A fifteenth-century manuscript, The Master of Game, with 43 other treatises of hunting, health and husbandry Case 10 A watercolour painting by J M W Turner, the Blue Rigi, 44 Lake of Lucerne, Sunrise, 1842 Case 11 A painting by Alonso Sánchez Coello, The Infante Don Diego 46 Case 12 A collection of manuscript and printed maps cut as jigsaws 49 and housed in a mahogany cabinet Case 13 An eighteenth-century mantua and petticoat 50 Case 14 The Pusey House Collection of the Papers of Mrs 53 Humphrey Ward Case 15 A photograph by Charles Lutwidge Dodgson (also known as 55 Lewis Carroll) of Julia Arnold in Chinese dress, 1871 Case 16 A felt appliqué and patch-worked album coverlet made 56 by Ann West in 1820 Case 17 Diaries, correspondence and manuscript volumes of 59 Mary Hamilton Case 18 A painting by John Constable, Flatford Lock from the Mill House 61 Case 19 A painting by Pompeo Girolamo Batoni, Portrait of Robert Udny 63 Case 20 A painting by Jan Lievens, Self Portrait 64 12
Case 21 A painting by Karel van Mander the Elder, The Crucifixion 65 Case 22 A bronze statuette after Pierre Legros the Younger, Marsyas 67 Case 23 An eighteenth-century man’s embroidered banyan and waistcoat 68 Case 24 A Neolithic ‘jadeite’ axe-head from Sturminster Marshall, Dorset 70 Case 25 The guild roll of the Guild of St Mary, Nottingham, 1371 72 Case 26 An Anglo-Saxon silver-gilt zoomorphic mount 73 Case 27 A fifteenth-century illuminated manuscript of the Hours 74 of the Passion Case 28 An eighteenth-century Union Flag 75
APPENDICES page A History of export controls in the UK 80 B Terms of reference of the Reviewing Committee on the Export 83 of Works of Art and Objects of Cultural Interest C Membership of the Reviewing Committee on the export of 84 Works of Art and Objects of Cultural Interest D List of independent assessors who attended meetings 87 during 2006-07 E Value of items placed under deferral (1977-98 to 2006-07) i) 90 for which permanent licences were issued and ii) where items were purchased by UK institutions or individuals F Items licensed for export after reference to expert advisers 91 for advice as to national importance G Extract from Museums and Galleries in Britain 93 H Applications considered and deferred on the recommendation 96 of the Reviewing Committee on the export of Works of Art and Objects of Cultural Interest, 1997-98 to 2006-07 J Composition of the Advisory Council on the Export of Works 103 of Art and Objects of Cultural Interest K Further reading 104 Export of Objects of Cultural Interest 2006-07 13
PLATES Plate I A painting by Francesco Solimena, Joseph and Potiphar’s Wife Plate II A painting by Michiel van Musscher, Portrait of an Artist in his Studio Plate III A watercolour painting by J M W Turner, The Dark Rigi, Lake of Lucerne, 1842 Plate IV Archive of the Reverend William Gunn Plate V A watercolour painting by J M W Turner, Lake of Lucerne, from the Landing Place at Fluelen, Looking towards Bauen and Tell’s Chapel, Switzerland, c.1815 Plate VI An Anglo-Saxon gilded mount with interlace decoration Plate VII An Anglo-Saxon great square headed brooch Plate VIII A watercolour painting by J M W Turner, the Blue Rigi, Lake of Lucerne, Sunrise, 1842 Plate IX A painting by Alonso Sánchez Coello, The Infante Don Diego Plate X A collection of manuscript and printed maps cut as jigsaws and housed in a mahogany cabinet Plate XI An eighteenth-century mantua and petticoat Plate XII A felt appliqué and patch-worked album coverlet made by Ann West in 1820 Plate XIII Diaries, correspondence and manuscript volumes of Mary Hamilton Plate XIV A painting by John Constable, Flatford Lock from the Mill House Plate XV A painting by Karel van Mander the Elder, The Crucifixion Plate XVI A bronze statuette after Pierre Legros the Younger, Marsyas Plate XVII An eighteenth-century man’s embroidered banyan and waistcoat Plate XVIII A Neolithic ‘jadeite’ axe-head from Sturminster Marshall, Dorset Plate XIX The guild roll of the Guild of St Mary, Nottingham, 1371 Plate XX An Anglo-Saxon silver-gilt zoomorphic mount Plate XXI A fifteenth-century illuminated manuscript of the Hours of the Passion Plate XXII An eighteenth-century Union flag 14 PART I: Reviewing Committee Report for 2006-07 1 May 2006 – 30 April 2007
INTRODUCTION State’s request, deferred items in search of potential History and operation of the export control system purchasers. We are very grateful for and conscious of the very considerable time and effort they put A history of export controls in the UK and a description in to fulfilling this role, which is essential to the of current export controls and the operation of the smooth running of our system of export control. Reviewing Committee are attached as Appendix A. The quality of their expertise and commitment is The terms of reference of the Reviewing Committee of the highest order. can be found at Appendix B. It can be seen the Committee’s work falls into two distinct parts. The Committee would also like to express its gratitude The first relates to advising the Secretary of State to the independent assessors who join the Committee on individual cases, and the second focuses more for consideration of each case. Their expertise generally on the working of the system of Export and advice play a vital role in our work. A list of Control. In this report we begin with the former. independent assessors who attended meetings during this reporting year can be found at Appendix D. Committee Members, Expert Advisers, Independent Assessors and the administration of the System Finally, the Committee would also like to thank of Export Control all those in the Export Licensing Unit, in MLA, in There were two changes in membership of the DCMS and elsewhere, who administer the system. Committee during the 2006-07 reporting year (up Its effective operation could not be delivered until the end of April 2007). Amanda Arrowsmith, without them. who had been re-appointed for a second term to run from 1 February 2006 to 31 January 2009, resigned in CASE STUDIES May 2006 due to ill-health. The Committee welcomed Consideration of items by the Reviewing Christopher Wright who replaced her on 20 November Committee 2006-07 2006 for a term of four years until 19 November There were 11,607 licence applications during the 2010. In February 2007 we had to say farewell to period 1 May 2006 to 30 April 2007, covering a total Martin Levy whose ten year term of appointment had of 49,267 individual items. Of these, 27,444 items come to an end. The Committee welcomed Simon were referred to expert advisers. The number of cases Swynfen Jervis who replaced him on 10 April 2007 for considered by the Committee, because an expert a term of four years until 9 April 2011. Amanda and adviser had recommended that an object met at least Martin made great contributions to the Committee one of the Waverley criteria, was 28 (see below) – and will be very much missed. Two members were a tiny fraction of the items covered by the export re-appointed for a second term: David Ekserdjian to licensing system – which shows that expert advisers run from 13 November 2006 to 12 November 2010 think very carefully before referring cases to us. and Catherine Johns to run from 18 February 2007 to 17 February 2011. A full list of Committee members Items found to meet the Waverley criteria can be found at the beginning of this report and brief We found that of the 28 items which we considered, details of members are included at Appendix C. 22 met at least one of the Waverley criteria. These are listed below. We starred three of them The Committee would like once more to thank the (cases 10, 13 and 28) as a sign of their outstanding expert advisers for all their work in examining items importance, to indicate that especially great in licence applications against the Waverley criteria, efforts should be made to retain them in the preparing submissions on the cases that they refer to United Kingdom. us, and subsequently championing, at the Secretary of Export of Objects of Cultural Interest 2006-07 15
Case 1: A painting by Francesco Solimena Joseph and Case 25: The guild roll of the Guild of St Mary, Potiphar’s Wife (met second criterion); Nottingham, 1371 (met first and third criteria); Case 2: A painting by Michiel Van Musscher Portrait Case 26: An Anglo-Saxon silver-gilt zoomorphic of an artist in his studio (met second and third criteria); mount (met second and third criteria); Case 4: A watercolour painting by J M W Turner, Case 27: A fifteenth-century illuminated manuscript The Dark Rigi, Lake of Lucerne, 1842 (met second and of the Hours of the Passion (met second criterion); third criteria); Case 28: An eighteenth-century Union flag (met first Case 5: The archive of Reverend William Gunn (met and third criteria, starred). third criterion); Case 6: A watercolour painting by J M W Turner, These items are described in more detail in the case Lake of Lucerne, from the Landing Place at Fluelen, histories below. looking towards Bauen and Tell’s Chapel, Switzerland, c.1815 (met second criterion); Items found not to meet the Waverley criteria Case 7: An Anglo-Saxon gilded mount with interlace Six items were found not to meet any of the Waverley decoration (met third criterion); criteria. These were: Case 8: An Anglo-Saxon great square-headed brooch (met third criterion); Case 3: A Scottish all-metal flintlock belt pistol, Case 10: A watercolour painting by J M W Turner, c.1670; The Blue Rigi, Lake of Lucerne, Sunrise, 1842 (met Case 9: A fifteenth-century manuscript The Master second and third criteria, starred); of Game, with other treatises of hunting, health Case 11: A painting by Alonso Sánchez Coello, The and husbandry; Infante Don Diego (met second and third criteria); Case 14: The Pusey House collection of the papers of Case 12: A collection of manuscript and printed maps Mrs Humphrey Ward; cut as jigsaws and housed in a mahogany cabinet Case 15: A photograph by Charles Lutwidge Dodgson (met third criterion); (also known as Lewis Carroll) of Julia Arnold in Case 13: An eighteenth-century mantua and petticoat Chinese dress, 1871; (met second and third criteria, starred); Case 19: A painting by Pompeo Girolamo Batoni, Case 16: A felt appliqué and patch-worked album Portrait of Robert Udny; coverlet made by Ann West in 1820 (met second Case 20: A painting Self Portrait by Jan Lievens. and third criteria); Case 17: Diaries, correspondence and manuscript These items are described in more detail in the case volumes of Mary Hamilton (met third criterion); histories below. Case 18: A painting by John Constable, Flatford Lock from the Mill House (met third criterion); Cases where the licence application was Case 21: A painting by Karel van Mander the Elder, withdrawn following the meeting The Crucifixion (met third criterion); Of the 22 applications for items which were found Case 22: A bronze statuette of Marsyas after Pierre to meet the Waverley criteria, one was withdrawn Legros the Younger (met third criterion); following the hearing and consequently not referred Case 23: An eighteenth-century embroidered man’s to you. This was: banyan and waistcoat (met second and third criteria); Case 24: A ‘jadeite’ Neolithic axe-head from Case 1: A painting by Francesco Solimena Joseph and Sturminster Marshall, Dorset (met first, second Potiphar’s Wife. and third criteria); 16
This item is described in more detail in the case Case 10: A watercolour painting by J M W Turner, histories. The Blue Rigi, Lake of Lucerne, Sunrise, 1842 by Tate for £5,832,000 including £1,950,000 from NHMF, Items referred to the Secretary of State £500,000 from the Art Fund, £582,218 from the Twenty one cases were referred to the previous Art Fund and Tate public appeal and £250,000 from Secretary of State and she accepted our Tate Members; recommendations on all of them. Case 12: A collection of manuscript and printed maps cut as jigsaws and housed in a mahogany cabinet by A licence was refused without a deferral period for one the Art Fund for £120,000 and donated to be shared case: the Anglo-Saxon silver-gilt zoomorphic mount equally between Historic Royal Palaces and the V&A valued at £4,800 (case 26). This was because the Museum of Childhood; owner had made known their intention to refuse a Case 13: An eighteenth-century mantua and petticoat matching offer at the recommended price. by the Art Fund for £80,275 and donated to Historic Royal Palaces; Proof was subsequently provided that one item, an Case 16: A felt appliqué and patch-worked album embroidered man’s banyan and waistcoat (case 23) coverlet made by Ann West in 1820 by the Victoria had been imported into the UK within the last 50 and Albert Museum with the full cost of £34,450 years and so was not available for purchase by a UK being funded by the Friends of the V&A; institution. The aggregrate value of the 20 items Case 17: Diaries, correspondence and manuscript deferred was £24.5 million. volumes of Mary Hamilton by the John Rylands University Library for £123,500 including £25,000 Items that were acquired from the MLA/V&A Purchase Grant Fund, £15,000 Of the 19 deferred items available for acquisition, from the Pilgrim Trust, £10,000 from the Friends of the following 12 were acquired by institutions in the the National Libraries, £5,000 from the Society of United Kingdom. We welcome the retention within Dilettanti Charitable Trust, £4,750 from the NHMF the United Kingdom of all three starred items. and £2,000 from the Friends of the John Rylands; Case 24: A Neolithic ‘jadeite’ axe-head from Case 5: The archive of Reverend William Gunn by Sturminster Marshall, Dorset by the Dorset Natural Norfolk Record Office for £83,050 including £50,000 History and Archaeological Society for the Dorset from HLF, £15,000 from the MLA/V&A Purchase County Museum for £24,000 including £14,000 Grant Fund, £10,000 from the Friends of the National from NHMF, £8,000 from the MLA/V&A Purchase Libraries, £7,500 from Mercers’ Company and Grant Fund; donations from the Norfolk Record Society and Case 25: Guild Roll of the Guild of St Mary by the Parson Woodforde Society as a result of a Nottinghamshire Archives for £6,600 including public appeal within Norfolk; £3,300 from the MLA/V&A Purchase Grant Fund and Case 7: An Anglo-Saxon gilded mount with £2,400 from the Friends of the National Libraries; interlace decoration by the Fitzwilliam Museum Case 27: A fifteenth-century illuminated manuscript with the £7,000 raised in full by the Friends of the of the Hours of the Passion by the British Library for Fitzwilliam Museum; £635,200 including £250,000 from the Art Fund, Case 8: An Anglo-Saxon great square-headed brooch £10,000 from the Friends of the British Library, by the World Museum Liverpool for £15,000 including £10,000 from the Friends of the National Libraries and £7,500 from HLF, £5,000 from the National Museums a bequest of $50,000 from the Late Bernard Breslauer; Liverpool Acquisition Fund and £2,500 from the Case 28: An eighteenth-century Union flag by the Friends of National Museums Liverpool; National Maritime Museum for £48,000 from their own acquisitions fund. Export of Objects of Cultural Interest 2006-07 17
TABLE 1
The statistics below show the figures for the number of cases from 1997-98 to 2006-07
(1) (2) (3) (4) (5) (6) (7) (8) (9) Year Cases Cases where Cases in (3) Cases where Value (at deferral) Cases in (3) Cases where Value of considered a decision on where items items were of cases in (4) where items items were items in (3) by the the licence were not not licensed where items were licensed licensed for (at deferral) Committee application licensed for for permanent were not licensed for permanent permanent licensed for was deferred permanent export as for permanent export export as % export (£m) export % of (3) export (£m) of (3)
1997–98 19 15 8 53 4.4 7 47 18.9 1998–99 20 17 9 53 2.5 8 47 21.0 1999–00 18 13 10 77 4.5 3 23 5.0 2000–01 37 34 27 79 6.6 7 21 12.6 2001–02 34 301 25 83 7.5 5 17 11.42 2002–03 26 23 14 61 51.7 9 39 23.2 2003-04 18 9 7 78 6.8 2 22 1.0 2004-05 32 25 15 60 16.2 10 40 30.2 2005-06 22 17 9 53 8.3 8 47 7.3 2006-07 28 193 144 74 11.8 4 21 10.7 TOTALS 254 202 138 68 120.3 63 31 141.3
1 Excludes one case where an item was originally thought to be Waverley but subsequently found to have been imported into the UK within the last 50 years. 2 Excludes one case where a licence was issued but the owner subsequently sold the item to a UK institution. 3 Excludes one case where an item was originally thought to be Waverley but subsequently found to have been imported into the UK within the last 50 years. 4 Excludes one case still under deferral at the time of writing and includes two cases where the licence application was withdrawn during the deferral period. 18
TABLE 2
The statistics below show the figures for the values associated with cases from 1997-98 to 2006-07.
(1) (2) (3) (4) (5) (6) (7) (8) Year Cases where Value of items No of cases Value Value of items Cases where Value of a decision on in (2) (£m) where items (at deferral) in (4) as % application was items in the licence were acquired of items in of (3) (£m) refused or (7) (£m) application by institutions (4) (£m) withdrawn after was deferred or individuals Committee’s in the UK1 recommendation to the Secretary of State
1997–98 15 23.3 7 4.3 18 1 0.1 1998–99 17 23.5 8 2.3 10 1 0.1 1999–2000 13 9.5 6 0.5 5 4 4.0 2000–01 34 19.3 23 3.7 19 4 2.9 2001–02 302 18.9 223 5.4 29 3 2.0 2002–03 23 74.9 12 39.2 52 2 12.5 July 2003- 9 7.7 7 6.8 88 1 0.8 April 2004 2004- 05 25 46.4 10 5.8 13 7 11.3 2005-06 17 15.6 9 8.3 53 0 0 2006-07 194 24.5 12 7.0 29 3 4.8 TOTALS 202 263.6 116 83.3 32 26 38.5
1 This only includes items purchased by individuals who agreed to guarantee satisfactory public access, conservation and security arrangements. 2 Excludes one case where an item was originally thought to be Waverley but subsequently found to have been imported into the UK within the last 50 years. 3 Includes one case where a licence was issued but the owner subsequently sold the item to a UK institution. 4 Excludes one case where an item was originally thought to be Waverley but subsequently found to have been imported into the UK within the last 50 years. Export of Objects of Cultural Interest 2006-07 19
The 12 items purchased have a total value of £7 The four items (excluding the banyan) for which million (value price at deferral), which represents export licences were issued have a total value of 29 per cent of the total value of objects placed £10.7 million, which represents just under 44 per under deferral. cent of the total value of objects placed under deferral and 21 per cent in number. Items where the licence application was withdrawn following the announcement of the Secretary of Unresolved Cases from 2005-06 State’s decision to defer the decision on the export I am pleased to report that there were no unresolved licence application cases at the time of writing our last report. Case 4: A watercolour painting by J M W Turner, The Dark Rigi, Lake of Lucerne, 1842; Case 6: A watercolour painting by J M W Turner, OBSERVATIONS ON THE Lake of Lucerne, from the Landing Place at Fluelen, WORKING OF THE SYSTEM OF looking towards Bauen and Tell’s Chapel, Switzerland, EXPORT CONTROL c.1815. While much of the Committee’s time is taken up with case hearings, it is important not to overlook its wider The two items withdrawn have a total value of and equally important role of keeping a watching brief £4,788,800 (value price at deferral), which represents over the workings of the Export Control system and just over 19.5 per cent of the total value of objects advising the Secretary of State. placed under deferral. As we explain in more detail in Appendix A, the nature Items that were subsequently exported of the Waverley system is a tripwire, as opposed to a Unfortunately, funds could not be raised for every mandatory right of pre-emption. The system provides ‘Waverley’ object. Export licences were issued for one final period of time for the acquisition of items the following items: judged to be national treasures and whose export would be a national misfortune. Case 2: A painting by Michiel Van Musscher Portrait of an Artist in his Studio; The use of this term ‘misfortune’ makes it clear that Case 18: A painting by John Constable, Flatford Lock from the beginning the underlying purpose of the from the Mill House; policy has been to avoid the export of such items. Case 21: A painting by Karel van Mander the Elder, Regrettably, it may be unrealistic in the real world The Crucifixion; to suppose that every national treasure will be kept Case 22: A bronze statuette of Marsyas by Pierre in the UK but equally the balance between what is Legros the Younger. retained within the UK and what leaves must be clearly in favour of retention if individual misfortunes A licence was also issued for the eighteenth-century are not to become systemic failure. embroidered man’s banyan and waistcoat (case 23) following receipt of satisfactory proof that the banyan If an item is sold to a new owner in order to retain it and waistcoat had been imported into the United in the UK, the vendor is entitled to a fair market price. Kingdom within the last fifty years. Not only is this in line with the principles of fair dealing, it is also in accord with the general law in respect of Human Rights and private property. On occasions this involves substantial sums of money. 20
6 Appendix J of our report for 2005-06 (a report prepared for us the year before last by Kusin & Company, a Dallas-based economic research firm and one of the leading authorities on these matters indicates in some detail the nature of the issues. 7 http://www.artmarketinsight.com/en/
The inability of prospective UK purchasers to raise has continued during 2006. While of course this the required amount of money is the principal reason benefits UK Art Trade and enhances the value of our for the export of ‘Waverley items’. The Committee public collections, it clearly poses problems for considers this to be the most serious problem facing acquisitions. Art Market Insight7, January 2007, the system at present. documents a 52 per cent increase compared with 2005 in total revenue generated by the global public Shortage of funds has been a concern of the auction Fine Art market, with growth most dynamic Reviewing Committee for over 30 years, as the annual at the top end of the market. While much of this reports demonstrate. Furthermore, it is not a increase affects objects outwith the Waverley criteria, fluctuating but a consistent problem regardless of it is further evidence of the continuing escalation in which party is in power. In the twelve months covered art market prices. by our annual report for 2005-06, the previous Secretary of State deferred decisions on items worth Traditionally the starting point for any consideration £15.6 million in order to give public institutions and of the way forward was to look to the Government private individuals in this country the opportunity to and public money. Clearly this still has a very purchase them. The value of items purchased was important part to play and we recognise and welcome £8.3 million (53% of £15.6 million) whereas the value the role of ‘traditional’ public money, which has of of items for which export licences were granted was recent years been augmented by Lottery funding. £7.3 million (47% of the total value of items placed While we echo the comment of the Select Committee under deferral and 47% in number). This compares on the impact of the recently announced cuts in the with the ten year period from 1997-98 to 2006-07, Heritage Lottery Fund, we welcome the doubling from when export licences were granted (i.e. matching £5 million to £10 million of the National Heritage offers were not forthcoming) for items worth 54 Memorial Fund for 2007-08 which we hope will be per cent of the total value of items that went under maintained at least at this level in the future. From an deferral at an average value of 14 million pounds a English perspective we note with frustrated envy the year (see Appendix E). Given the vagaries of the art use of Exchequer Grants by the Scottish Executive, market, we consider a rolling average and trends which they recently used to support the acquisition of better pointers than annual individual figures, to Dumfries House. As we have already mentioned the demonstrate the effectiveness of the procedures appearance on the market of Art Treasures cannot be in place. predicted and exceptional circumstances demand exceptional solutions. We are also concerned that from time to time expert advisers may feel tempted not to object to the export Obviously we were disappointed when the then of an item because they feel there is no possibility of Secretary of State felt unable to support our proposal raising funds for a matching offer. for a new Acquisition Fund. She did, however, ask for our wider thoughts on the funding for acquisition of Matters are being made more difficult by the recent cultural objects by UK institutions. We suggested increase in prices in the Art Market. By their very further investigation of the relationship between nature, ‘Waverley’ items are of interest to an public and private sectors and what could be done to international as well as a national audience. In general, encourage greater involvement of the private sector in their value moves ever upwards, often ahead of partnership with public monies. We urged in particular inflation, and ahead of run-of–the-mill items of their further research into the arrangements in place in the type. We are very anxious about the implications of EU, USA and elsewhere to support philanthropy to see this for the UK6. The international boom in art prices if these could be models which could be applied to the Export of Objects of Cultural Interest 2006-07 21
UK. We understand further work is being carried out The Report concludes that ‘there will certainly be which we welcome and which we hope will develop no significant (public) resources to add to collections’. some of the suggestions contained in the Goodison This reinforces our concerns about the shortage of Review and Museums and Galleries in Britain, see below. funds. It also draws attention to the benefits which can accrue through the ‘state’ relinquishing tax What we believe is emerging from the relatively stark revenue to encourage private philanthropy, as is juxtaposition of public sector financial constraint and instanced in the United States and France. It is increasing price increases in the Art Market, is the noteworthy that two countries that have such overriding need to harness the philanthropy of the different attitudes to public funding of culture and owners and creators of the wealth in this country in the arts both now use tax incentives as a significant order to safeguard our country’s ‘national treasures’. element in encouraging private support. We believe We believe that the acquisition of cultural items that the same principles could be applied to the UK by public institutions is for the benefit of us all and with fruitful results. for posterity. Such acquisitions add to our national, cultural and intellectual capital and have as much House of Commons, Culture, Media and capacity to inspire and educate as the finest Sport Select Committee Inquiry: Caring for contemporary items. As the world evolves, the way Our Collections in which public policy is delivered and the manner The Reviewing Committee gave evidence to the Select in which Government carries out its responsibilities Committee on 9 January 2007. The main thrust of may have to evolve too. questions on export licensing involved concerns about the system. In response we stressed that the lack of The Commission on Unclaimed Assets consultation available funding to purchase ‘Waverley’ items once paper: A Social Investment Bank a licence had been deferred by the Secretary of We proposed to the Commission on Unclaimed Assets State remained the problem of most concern to the consultation paper: A Social Investment Bank that some Committee and others. We told the Select Committee of the assets held in unclaimed private bank accounts that the Reviewing Committee had made a submission might be devoted to a National Acquisition Fund. to the Commission for Unclaimed Assets arguing This idea was rejected by the Commission which used that some of the unclaimed assets might be used the National Council for Voluntary Organisation’s for a National Acquisitions Fund. We explained that definition of general charity to define its beneficiaries. suggestions for introducing more contractually binding This definition expressly excludes ‘Government provisions into the systems had previously been controlled non-departmental bodies such as museums considered by DCMS. It was concluded that a and libraries’ from benefiting from this money. This provision of this type would not be appropriate means that a real opportunity may have been lost. bearing in mind the legal requirement for a balance to be struck between the legitimate aims of the export Museums and Galleries in Britain control system and the general right of the individual In December 2006 the Museums, Libraries and to peaceful enjoyment of their private property. The Archives Council (MLA) received a report it had Committee had tightened up its procedures commissioned from Tony Travers of the London administratively. School of Economics entitled Museums and Galleries in Britain, which among other topics considered To help give a wider perspective, we pointed out that acquisitions under the heading ‘Collections Purchase’ only a very small proportion of licence applications which we append together with Tables 4 and 5 were referred to the Committee (22 out of 10,220 referred in it at Appendix G. in 2005-06). In addition, both the Goodison Review 22
8 House of Commons Culture, Media and Sport Select Committee report Caring for Our Collections Volume 1 25 June 2007
and the earlier Quinquennial Review of the The Waverley Report of 1952, the basis of the export Committee had expressed broad support for the review system, states that all three Waverley criteria system and believed it commanded widespread are of equal importance and that items found to meet support. the second Waverley criterion (Is it of outstanding aesthetic importance?) and/or the third Waverley The Select Committee published its report on 25 June. criterion (Is it of outstanding significance for the study Many of its recommendations are beyond this of some particular branch of art, learning or history?) Committee’s terms of reference, although it is are of no less importance to the nation than those generally sympathetic to what is proposed. In meeting the first one. particular, as we have already mentioned, we welcome the Committee’s recognition of the general need for Each criterion stands alone and is equal to the other the export control system to be ‘backed up by the two and any particular item may meet one, two or resources to achieve its prime objective8’. all three criteria. Each object must be considered on its own merits, and the greater the number of criteria Withdrawal of licence applications satisfied does not in any way add to its national We have received representations that some public significance. The number given to each criterion institutions have on occasions wasted time and no more indicates a ranking than the number of a fundraising credibility because owners have composer’s symphony indicates a hierarchy of merit. unilaterally withdrawn licence applications during the In addition items which the Committee considers of deferral period. This was considered at some length the highest importance are starred. in the Quinquennial Review and subsequently by the previous Secretary of State. The conclusion We are also considering whether the precise way in reached was that it would be disproportionate in the which the definition of national treasure is worded by circumstances to make any changes. Over the years reference the Waverley criteria is the best wording in there have been some cases where the Committee today’s world. We hasten to add we believe, as did the has had some sympathy, but we accept and must Quinquennial Review, the underlying concepts and emphasise that the procedures of the export control rationale are as relevant today as they have ever been. system must be consistent with Human Rights legislation, and the protection afforded more Temporary licences generally by the law to a person’s right to the In August the previous Secretary of State wrote to peaceful enjoyment of their private property. say that she was happy for the proposals set out in our submission of July 2006 on temporary licences Waverley criteria to be implemented. DCMS is currently preparing Some of the funding bodies have voiced concerns an Impact Assessment prior to conducting a to us about the Waverley criteria (see Appendix A). consultation exercise. It has been suggested to us that the first Waverley criterion (Is it so closely connected with our history Current sources of funding for acquisitions and national life that its departure would be a We are grateful, as always, for the funding provided misfortune?) provides the closest fit to the question towards purchasing items placed under deferral ‘how important is this object?’. However, we regard as a result of recommendations we have made. this as a fundamentally incorrect interpretation of The main sources of funding are as follows. The the criteria and their role in our country’s system of tables at Appendix H give further details of the export control. funding received. Export of Objects of Cultural Interest 2006-07 23
i) The National Heritage Memorial Fund ii) The Heritage Lottery Fund The fund was set up under the National Heritage Act The fund distributes lottery proceeds that go towards 1980 in memory of the people who gave their lives the ‘Heritage Good Cause’. Its priorities, at national, for the UK. Its purpose is to act as a fund of last resort regional and local levels, include conservation and to provide financial assistance towards the acquisition, enhancement, encouragement to more people to preservation and maintenance of land, buildings, be involved, and making sure that everyone can works of art and other objects which are of learn about, have access to, and enjoy their heritage. outstanding importance to the national heritage The HLF is prepared to make grants of up to 90 per and under threat. The Government increased the cent of the total cost for grants up to £1 million and, NHMF’s grant in aid from £2 million in 1997-98 to for larger requests, grants may be awarded of up £5 million in 2001-02 and has maintained it at that to 75 per cent. Recently HLF made a grant of £7,500 level until 2006. In 2007-08 the government doubled towards the World Museum Liverpool’s purchase the NHMF grant in aid to £10 million. of an Anglo-Saxon great square-headed brooch. Another highlight was a grant of £50,000 towards This year the NHMF was able to contribute Norfolk Record Office’s purchase of the archive of £1,950,000 to support Tate’s purchase of the Blue Rigi Reverend William Gunn. by J M W Turner and £4750 to support the John Rylands University Library in the purchase of the The table below sets out the figures for the NHMF’s diaries, correspondence and manuscript volumes of and HLF’s commitments to acquisitions over the past Mary Hamilton. Both of these items were placed ten years, including grants awarded for the acquisition under deferral following a recommendation by the of manuscript and archive material. Reviewing Committee. Other significant NHMF grants included £750,000 towardsa portrait in oil of the In addition HLF has allocated £3 million for projects metaphysical poet John Donne for the National lasting up to five years under their Collecting Cultures Portrait Gallery; £285,000 towards the Newark Torc, initiative. This supports the strategic development of discovered and declared treasure in 2005, for the museum collections, not just funding for purchases, Newark & Sherwood Museums Service; and £465,596 but also for staff development and public engagement towards a collection of 40 historic steam and other with collections. boats for the Windermere Steamboat Museum.
Year NHMF HLF HLF Total (£ millions) (museums/galleries) (manuscripts/archives) (£ millions) (£ millions) (£ millions)
1997-98 5.90 17.97 0.431 24.30 1998-99 4.87 5.04 0.692 10.60 1999-00 0.66 12.92 0.991 14.57 2000-01 3.90 8.02 5.419 17.33 2001-02 4.25 14.92 2.60 21.77 2002-03 0.65 19.29 2.15 22.09 2003-04 7.83 5.59 3.32 16.63 2004-05 1.22 1.18 20.65 23.05 2005-06 4.54 1.19 0.14 5.87 2006-07 6.40 2.10 1.20 9.70 24
iii) Support from The Art Fund v) Support from other grant making bodies The Art Fund (formerly the National Art Collections Other grant making bodies may also provide funding. Fund) is a charity founded in 1903, which is funded In 2006-07, the Friends of the National Libraries by membership subscriptions, donations, investments contributed £10,000 and the Mercers’ Company and legacies, the purpose of which is to enrich and contributed £7,500 towards the Norfolk Records preserve the public collections of art in museums, Office’s purchase of the archive of Reverend William galleries and historic properties. In 2006-07, the Art Gunn; The Pilgrim Trust contributed £15,000, the Fund purchased a collection of manuscript and printed Friends of the National Libraries contributed £10,000 maps cut as jigsaws and housed in a mahogany and the Society of Dilettanti Charitable Trust cabinet for £120,000 and donated it to be shared contributed £5,000 to the John Rylands University equally between the Historic Royal Palaces and Library for its purchase of the diaries, correspondence the Victoria and Albert Museum. It also purchased and manuscript volumes of Mary Hamilton. All of an eighteenth-century mantua and petticoat for these items were placed under deferral following a £80,275 and donated it to the Historic Royal Palaces recommendation by the Reviewing Committee. and contributed £500,000 towards Tate’s purchase of J M W Turner’s The Blue Rigi and £250,000 vi) The Acceptance in Lieu Scheme towards the British Library’s purchase of a fifteenth- The scheme enables pre-eminent works of art and century illuminated manuscript of The Hours of the archives and those that make a significant Passion. All four of these items were placed under contribution to buildings in public ownership to deferral following recommendations by the become public property so that they are secure for the Reviewing Committee. enjoyment and inspiration of all both now and in the future. A wide range of items, valued at over £25m iv) Support from the MLA/ V&A Purchase was accepted during the financial year 2006-07, Grant Fund including an outstanding collection of scores by The MLA/V&A Purchase Grant Fund has an annual Wolfgang Amadeus Mozart published during his budget of £1,000,000 to assist the purchase of objects lifetime. An important view of Rome, The Lottery in costing less than £300,000 for the collections of the Piazza di Montecitorio by Panini was accepted and non-national museums, galleries, specialist libraries allocated to the National Gallery. Full details of all the and record offices in England and Wales. In 2006-07, works of art and the archives accepted through the it made 182 awards totalling £1,000,993. scheme in 2006-07 and in the previous five years can be found on the MLA website at www.mla.gov.uk/ The fund contributed £15,000 towards the purchase website/programmes/cultural_property/acceptance_ by Norfolk Record Office of the archive of the in_lieu. Reverend William Gunn and £25,000 towards the purchase of the diaries, correspondence and vii) Private Treaty Sales manuscript volumes of Mary Hamilton by the John If a heritage object is sold in the open market, the Rylands University Library, £3,300 towards the vendor may be liable to Capital Gains Tax and to purchase by Nottinghamshire County Council of Inheritance Tax. These tax charges are not, however, the guild roll of the Guild of St Mary, Nottingham incurred where an owner sells an item already tax and £8,000 towards the purchase of a ‘jadeite’ exempt or a pre-eminent item by Private Treaty to a Neolithic axe-head from Sturminster Marshall body (eg museum or gallery) listed under Schedule 3 by Dorset County Museum Service. These four of the Inheritance Tax Act 1984. This is an attractive items were placed under deferral following a tax exemption because benefits are shared. The recommendation by the Reviewing Committee. vendor receives net what he or she would have Export of Objects of Cultural Interest 2006-07 25
received at the agreed market value net after tax, Manuscripts, Documents and Archives but also receives a douceur (usually 25%) of the tax The Working Party on Manuscripts, Documents that would have been chargeable. The purchaser and Archives is a sub-committee of the Reviewing normally pays what would have been paid under Committee. Its terms of reference were revised in normal arrangements less a proportion of the tax 2005 and are as follows: (usually 75%) that would have been chargeable. ‘To consider the present arrangements for the Private Treaty sale arrangements and the Acceptance export control of manuscripts, documents and in Lieu scheme help retain items in the United archives, and the sources of funds available (to Kingdom which would otherwise be under threat UK institutions) for their acquisition and to make of export. recommendations resulting from this consideration.’ Advisory Council Many different branches of art and learning have an The Working Party usually meets annually, although it interest in the export of cultural objects and all the may meet more frequently if necessary. It met most issues associated with it, as do many different UK recently on 23 May 2007 when it considered raising institutions. They could not all be represented on the the Open Individual Export Licence (OIEL) threshold Reviewing Committee, and yet their knowledge and by £500. It also set up a Digital Images Working advice is valuable. The Waverley Committee therefore Group which met on 9 May to consider possible recommended the creation of a widely representative specifications if digital formats were to be accepted Advisory Council, which would meet from time to by the British Library as copies of manuscripts. The time, as circumstances might require, to discuss Working Party made two major decisions this year. matters of common interest and the operation of the Firstly, to accept the submission of digital images system as a whole. It was envisaged that the Council as copies of manuscripts provided they met a standard would advise whether the right standards were being as set out in the Procedures and Guidance for applied to the different categories of objects, as well Exporters of Works of Art and other Cultural Goods. as enabling institutions, not least provincial ones, Secondly, the Working Party agreed to raise the and the art trade to make their views known. Manuscript OIEL threshold by £500 to £1,500 when licences are renewed in January 2008. It was also Membership of the Council includes the expert agreed that it would be compulsory for all OIEL advisers (who refer objects to the Committee and holders to submit quarterly returns, including nil are normally appointed by the Secretary of State for returns. These recommendations have been submitted Culture, Media and Sport as ‘champions’ for their to the Minister. retention when the decision on the export licence is deferred), as well as representatives of the institutions The Working Party then looked at sources of financial seeking to acquire deferred items, of grant making help for the acquisition of manuscripts, documents bodies, of the art trade and of interested associations and archives. Written reports had been submitted by (see Annex J for full details). the MLA/V&A Purchase Grant Fund, the MLA/PRISM Fund, the Friends of the National Libraries, the The Advisory Council is normally convened annually Secretary of the Acceptance in Lieu Panel and the and met most recently on 5 June 2007. The main issue National Archives Sales Monitoring Service. The discussed was acquisitions and how museums, libraries Heritage Lottery Fund and the National Heritage and archives try to raise the money to purchase items Memorial Fund subsequently provided details of from private owners. funding towards archival and manuscript material. 26
i) The MLA/V&A Purchase Grant Fund v) The National Archives’ sales catalogue The MLA/V&A Purchase Grant Fund reported that monitoring service 32 applications had been received in respect of The sales catalogue monitoring service, as a subsidiary manuscript acquisitions and, of these, 26 were activity, notifies repositories when manuscripts and successful and received grants totalling £188,385, archives are offered for sale on the open market. enabling purchases costing nearly £900,000 to go In 2006-07, 40 items were purchased by 31 different ahead. Although no cases were rejected due to lack repositories as a result of notifications. However, there of funds, 30 per cent of all grants awarded were were 30 unsuccessful bids, as repositories were outbid reduced from the sums requested. or dealers had already disposed of material.
ii) The MLA/PRISM Fund The Working Party strongly endorses the work of The MLA/PRISM Fund supports the acquisition and these bodies and expresses its thanks to the advisers conservation of material relating to all fields of the and administrators of all of them, who work hard, history of science, technology, industry and medicine. often at very short notice, to enable applicants to During 2006-07, it was able to make two grants for acquire material. the conservation of archival or similar material, totalling £4,617.
iii) The Friends of the National Libraries The Friends assist various institutions primarily by promoting the acquisition of printed books, manuscripts and records of historical, literary, artistic, architectural and musical interest. During 2006, they made or committed 32 grants to 26 institutions totalling £126,377 from the Operating Fund and £29,500 from the Philip Larkin Fund.
iv) The Heritage Lottery Fund and National Heritage Memorial Fund The Funds made awards for the purchase of archival and manuscript material totalling £2,257,950. Acquisitions supported included £800,000 towards the purchase by the National Archives of Scotland of the Dalhousie archive, a collection containing 13,000 volumes covering 900 years of Scottish history.
iv) The Acceptance in Lieu Scheme The Acceptance in Lieu scheme is also an important means of retaining archival material within the United Kingdom. In the twelve months which ended on 31 March 2007, eight offers in lieu of tax were completed which involved archival material. The acceptance of these settled over £2.6 million of tax. Export of Objects of Cultural Interest 2006-07 27 28
PART II: Operation of the Control
During the period covered by this report (1 May 2006 Cases referred to the Reviewing Committee to 30 April 2007), there were 11,607 applications for During the year under review, 33 cases were referred export licences, covering a total of 49,267 individual to our Committee because the appropriate expert items. This included 1,835 applications for manuscripts, adviser had objected to the proposed export of documents or archives. Of these 49,267 items, 27,444 the object concerned on the grounds of national items, with a value of £1,842,844,793 were licensed importance. Of these, five were withdrawn before they after they had been referred to expert advisers. reached the stage of consideration by us. Accordingly 17,723 items, with a value of £6,476,033,552 were 28 cases were considered at 11 meetings. The table licensed after the Export Licensing Unit was satisfied below shows, for each of the last 10 years, the total that they had been imported into the United Kingdom number of works on which a decision was deferred for within the past 50 years. 838 of these items were a period to allow an offer to purchase to be made; the manuscripts, documents or archives. 16 Open number of works that were not, in fact, exported; and Individual Licences were issued to regular exporters the number of works that were subsequently granted for the export of manuscripts, documents, archives export licences because no offer to purchase was and photographic positives and negatives. 4,100 made at or above the recommended fair market price. items, with a value of £1,549,816,636 were given an EC licence without reference to the question of The criteria that were applied in each case by the national importance because they were valued at Committee were: below the appropriate UK monetary limit. i) Is the object so closely connected with our history and national life that its departure would be a misfortune?
ii) Is it of outstanding aesthetic importance?
iii) Is it of outstanding significance for the study of some particular branch of art, learning or history? Export of Objects of Cultural Interest 2006-07 29
(1) (2) (3) (4) (5) (6) (7) (8) Year Cases Cases where No of cases Value No of cases Value Percentage considered a decision in (3) where (at deferral) in (3) where (at deferral) of cases in by the on the licence items were not of items in items were of items in (3) where a Committee application permanently (4) (£m) licensed for (6) (£m) licence for was deferred exported permanent permanent export export was eventually granted
1997-98 191 15 82 4.4 7 18.9 47 1998-99 20 17 93 2.5 8 21.0 47 1999-2000 184 13 105 4.5 3 5.0 23 2000-01 376 34 277 6.6 7 12.6 21 2001-02 348 309 2510 7.5 511 11.4 17 2002-03 26 23 1412 51.7 9 23.2 39 2003-04 1813 9 7 6.8 2 1.0 22 (1 July - 30 April) 2004-05 3214 25 15 16.2 10 30.2 40 2005-06 2215 17 9 8.3 8 7.3 47 2006-07 28 1916 1417 11.8 4 10.7 21 TOTALS 254 202 138 120.3 63 141.3 31
1 A further four cases were referred to the Committee, but the applications were withdrawn before a hearing took place. 2 Including one case where a matching offer was refused and the Secretary of State therefore refused an export licence. 3 Including one case where the licence application was withdrawn during the deferral period. 4 Including one case where the licence application was withdrawn before the Committee’s recommendation was made. A further 11 cases were referred to the Committee, but the applications were withdrawn before a hearing took place. 5 Including four cases where the licence application was withdrawn during the deferral period. 6 A further five cases were referred to the Committee, but the applications were withdrawn before a hearing took place. 7 Including four cases where a licence application was withdrawn during the deferral period. 8 Including one case where it was found that the object had arrived in the UK within the last 50 years and a licence was issued in accordance with normal policy, one case where an application was withdrawn before the Committee’s recommendation was made, and one case where the item was found to have been exported unlawfully. 9 Excludes one case where an item was originally thought to be Waverley but subsequently found to have been imported into the UK within the last 50 years. 10 Including two cases where a matching offer was refused and the Secretary of State therefore refused an export licence, and one case where a licence was issued but the sale of the item to a UK institution was subsequently negotiated. 11 A licence was issued for a further item, but a UK institution subsequently purchased the item. 12 Including two cases where a matching offer was refused and the Secretary of State therefore refused an export licence. 13 Including three cases where the licence application was withdrawn before the Committee’s recommendation was made to the Secretary of State. A further eight cases were referred to the Committee, but the applications were withdrawn before a hearing took place. 14 A further 15 cases were referred to the Committee, but the applications were withdrawn before a hearing took place. 15 Including one case where the licence application was withdrawn before the Committee’s recommendation was made to the Secretary of State. A further five cases were referred to the Committee, but the applications were withdrawn before a hearing took place. 16 Excludes one case where an item was originally thought to be Waverley but subsequently found to have been imported into the UK within the last 50 years. 17 Includes two cases where the licence application was withdrawn during the deferral period. 30
Individual export cases
Case 1 and appointed him steward to his household. A PAINTING BY FRANCESCO Potiphar’s wife took a fancy to him and on several SOLIMENA, JOSEPH AND occasions attempted to seduce him. Although Joseph POTIPHAR’S WIFE rejected her advances, she continued to press him, until one day, when they were alone, she grabbed The painting is oil on canvas and measures 152.5 him by his cloak and ordered him to make love to her. x 202.5cm. It depicts the moment Joseph fled after At this, Joseph fled, leaving his cloak in her hands. Potiphar’s wife had attempted to seduce him and Solimena has depicted the moment of flight. shows her leaning across the bed to catch hold of his coat. Joseph, in a balletic pose, rushes out of the The painting was generally in very good condition, composition. A King Charles Spaniel barks at the apart from one small repair to the canvas and a slight innocent fugitive. The applicant had applied to export greyish tinge around the face and neck of Potiphar’s the painting to the USA. The value shown on the wife. However, the impasto was well preserved and export licence application was £1,200,000, which the colours did not seem to have faded. Joseph’s represented the agreed sale price. blue cloak was in exceptionally fine condition. The Director of the National Gallery, acting as expert The existence of two other versions and copies adviser, had objected to the painting’s export under testified to the great success of the composition. the second and third Waverley criteria on the grounds Indeed, there had been some confusion in the past that it was of outstanding aesthetic importance and over the different versions. Pentimenti in the left that it was of outstanding significance for the study foot and right hand of the figure of Joseph may be of the work of Francesco Solimena. detected with the naked eye, suggesting that this was the prime version of the picture. The expert adviser stated that Francesco Solimena had dominated Neapolitan painting in the first half The expert adviser considered that, although of the eighteenth century and enjoyed fame across Solimena’s work after 1705 was well represented Europe. Joseph and Potiphar's Wife (1689-90) was a in this country, his earlier work was rarer and there painting of exceptional quality, preservation and was only one example in a UK public institution. rarity. The elegance and theatricality of Solimena’s Joseph and Potiphar’s Wife was a fine painting which interpretation of the subject made it an archetypal showed a lightness of touch and exciting composition. illustration of the Neapolitan Baroque at the end of The retention of this rare early work by Francesco the seventeenth century. It represented the key Solimena would enable the representation of the full moment of transition from Luca Giordano (1634- range of his career and achievement in this country. 1705) to the more restrained classicism of Solimena and much of Neapolitan painting in the eighteenth The applicant did not consider the painting to be century. It showed the artist as the various strains of closely connected with our history or national life influence in his youth – Giordano, Francesco di Maria, as neither the artist, nor subject had any relevance Mattia Preti – became synthesized into a personal to Britain or British life. Whilst being an attractive style of great charm. painting the subject was regularly represented in British collections, and the painting itself was one The story of Joseph and Potiphar’s wife (Genesis 39:7- of several autograph versions. Solimena was well 20) was an ideal subject for Solimena to demonstrate represented in Britain. Similarly, a large number of his skill as a narrator and his virtuosity in painting works by Giordano were in British collections, so drapery, naked flesh and action. Potiphar, captain of the Neopolitan Baroque was very well represented. Pharaoh’s guard, bought Joseph from the Ishmaelites Export of Objects of Cultural Interest 2006-07 31
We heard this case in May when the painting was Amsterdam in 1665; and to have spent three months shown to us. We found that it met the second in the studio of the Haarlem artist Adriaen van Ostade Waverley criterion. However, we did not consider (1610-1685) in 1667. In 1668, the expert said that that the valuation of £1,200,000 was adequately Van Musscher settled briefly in his native Rotterdam, substantiated and suggested to the applicant that but eventually settled in Amsterdam, where he died he seek, from the potential purchaser, confirmation on 20 June 1705. that the sale had been agreed at £1,200,000 subject to an export licence being granted. The expert adviser informed us that Van Musscher’s early work consisted both of portraits and genre We were subsequently informed that the applicant paintings, which showed the influence of his teachers had withdrawn the licence application. Metsu and Ostade, as well as Nicolaes Maes, Frans van Mieris the Elder and Johannes Vermeer. By the 1670s, Van Musscher concentrated almost exclusively on Case 2 portraits, many of which still retained the character of A PAINTING BY MICHIEL VAN genre paintings by depicting the sitter in an everyday MUSSCHER, PORTRAIT OF AN environment. This group included an impressive ARTIST IN HIS STUDIO series of self-portraits and portraits of artists. Van Musscher’s late works were characterised by cool The portrait is oil on panel and measures 47.6 x tonalities with hard and sharp outlines. Eight portrait 36.8cm. It depicts a young artist, seated before an prints by his hand were known. easel and mixing paint on a palette, in a spacious and richly furnished studio. The expert adviser considered the Portrait of an Artist in his Studio to be exceptional. She said it was by far The applicant had applied to export the portrait to the most accomplished and well-known work by Van Liechtenstien. The value shown on the export licence Musscher and had long been regarded as his most application, £6,000,000, had changed to £6,600,000 important painting. It was an early work, probably and represented the sale price. painted in the mid to late 1660s, when Van Musscher was associated with Metsu and Van Ostade, and The Senior Curator of Early Netherlandish, Dutch and it clearly showed their influence in the detailed Flemish Art at the National Galleries of Scotland, rendering of the interiors, the subtle lighting and acting as expert adviser, had objected to the portrait’s quiet atmosphere. Although painted towards the export under the second and third Waverley criteria beginning of Van Musscher’s career, it was the most on the grounds that it was of outstanding aesthetic skilled and subtle of a series of about ten self-portraits importance and that it was of outstanding significance and paintings of artists by his hand. for the study of Dutch art and painting techniques.
The expert adviser informed us that tradition had it The expert adviser informed us that Michiel van that the young artist in this painting was Willem van Musscher was born in Rotterdam on 7 January 1645. de Velde the Younger (1633-1707). The identification He was said to have studied drawing with the history was presumably made on the basis of the drawings painter Martin Saagmolen (c.1620-1669) for two scattered across the studio floor, which resembled months in 1660; to have become a pupil of the history those of the famous maritime painter. The portrait and portraitist Abraham van den Tempel (1622/23- was only first mentioned as representing Van de 1672) in Amsterdam in 1661; to have received seven Velde in a sale catalogue of 1773, however, and the lessons from Gabriel Metsu (1629-1667) in identification had not been universally accepted. 32
The identification of the artist, remained an open The expert adviser said that the work was painted on a question. On the one hand, the presumed date of the thick panel, which was in fine condition and appeared painting and the trajectory of Van de Velde’s career to be bevelled evenly around all the edges at its back. did not exclude the possibility that the identification The paint surface was somewhat obscured by a was correct. Both Van Musscher and Van de Velde yellowed varnish. Some old retouches had become were working in Amsterdam in the 1660s. The date visible on the back wall and the paint surface in that when Van de Velde left Holland with the intention area had thinned, but for the most part the work was of settling in England was not known for certain, but in excellent condition. this appeared not to have been until the early 1670s, making it entirely possible that Van Musscher could The applicant did not consider the portrait to be have painted him while still in Amsterdam. On the closely connected with the history of the UK nor with other hand, the young artist in the studio did not the national life of the country. He said that it had resemble a known portrait of Van de Velde. been in foreign collections for most of its existence and had thus not acquired national importance by The expert adviser said that the subject of the artist in association with a particular individual or location. the studio derived from a long tradition of depictions He also stated that the painting was no longer of St Luke painting the Virgin. Early in the seventeenth thought to depict Willem van de Velde, or indeed century, the young Rembrandt portrayed an artist in a his brother, as had been traditionally believed. rather humble studio. Vermeer’s Art of Painting, which As a portrait of an unknown artist, the applicant was roughly contemporary with Van Musscher’s work, considered that its importance as a portrait was perhaps the most famous example. Like Vermeer, diminished. Furthermore, given Van de Velde’s Van Musscher depicted a grand space, richly furnished, maritime link, without the maritime relevance the which certainly did not depict an actual workshop. painting was arguably less interesting to the British The painting nevertheless provided a wealth of public. The applicant considered that the painting information about contemporary artists’ working therefore lost its importance within the context of tools. Aside from the drawings, Van Musscher had the study of Dutch portraiture. The applicant also taken pains to render the painter's box with pigments, stated that Van Musscher was not a household the canvas stretched onto its frame resting on the name amongst those artists commonly associated easel, the palettes and the large canvases, face to with the Dutch golden age and therefore would not the wall showing the stretchers. be deemed to be an artist of outstanding national importance by the British public. Although she agreed Van Musscher was hardly a household name, the expert adviser considered this We heard this case in May 2006 when the painting picture to be an outstanding work, not only the was shown to us. We found that it met the second summit of Van Musscher’s career, but a formidable and third Waverley criteria. We recommended that example of mid-seventeenth-century Dutch painting. the decision on the export licence application should The subject of the picture was of great interest be deferred for an initial period of two months to to those studying Dutch painting techniques and allow an offer to purchase to be made at the fair methods. If the painting did represent Willem matching price of £6,600,000, excluding VAT. We van de Velde the Younger, then it was a valuable further recommended that if, by the end of the initial document about an artist who played a key role in deferral period, a potential purchaser had shown a the history of art in Britain. serious intention to raise funds with a view to making an offer to purchase the painting, the deferral period should be extended by a further four months. Export of Objects of Cultural Interest 2006-07 33
At the end of the initial deferral period, no offer to The expert adviser said that surviving Scottish pistols purchase had been made and we were not aware of pre-dating the first Jacobite rebellion of 1689 were any serious intention to raise funds. An export licence scarce, because many were destroyed after the was therefore issued. subsequent rebellions of 1715 and 1745, and no pistols by the earlier Glaswegian ‘Dagmakers’ of the first half of the seventeenth century were known to survive. He Case 3 therefore considered this pistol had great importance, A SCOTTISH ALL-METAL FLINTLOCK as it could be regarded as the earliest known pistol of BELT PISTOL, C.1670 Glaswegian manufacture as well as the only known example pre-dating the eighteenth century. The all-steel scroll (or ‘ramshorn’)-butt flintlock belt pistol (or ‘dag’), which measures 53.3cm, is of As little scholarly work on the early history of characteristic Scottish form and construction for the gunmaking in Scotland had been carried out, the second half of the seventeenth century. The barrel expert adviser said that there was obviously still much has five raised silver bands engraved with rosettes work to be undertaken regarding the maker ‘HW’ and and leaves. The engraved cock has a dog-catch, which his relationship to contemporary metalworkers in acts as a safety catch, the steel stock with the early Glasgow and makers in Scotland, and even the forms (c.1670) form of scroll butt. of pistols. For instance, although the scroll-butt was a familiar form very little was as yet known about its The applicant had applied to export the pistol to origins. It probably evolved from the ‘fish-tail’ butt the USA. The value shown on the export licence found on the earliest known Scottish pistols, but due application was £63,000, which represented the to the paucity of surviving early Scottish pistols hammer price at auction plus buyer's premium, but the (primarily a result of various Disarming Acts, applicant subsequently provided us with a valuation culminating in that of 1746) no transitional examples of £67,500, which represented an agreed sale. were known to have survived, and so even this premise was not easily established. This pistol The Curator of European Edged Weapons at the Royal therefore provided an outstanding opportunity to Armouries, acting as expert adviser, had objected to study the development, use and technology of such the pistol’s export under the first and third Waverley weapons. For instance, although the pistol was fitted criteria on the grounds that it was so closely with a belt hook, it had been suggested that pistols connected with our history and national life that like it might often have been used as holster pistols its departure would be a misfortune and that it was by mounted troops, such as the troops of horse and of outstanding significance for the study of the dragoons of the Scottish standing army. gunsmithing industry in Glasgow and Scotland as a whole, in the late seventeenth century. The expert adviser reported that despite being worn in places, the pistol was in a good state of preservation The expert adviser reported that the pistol was clearly and in a very satisfactory condition for its age. It still signed ‘HW’ on the lock, and although the latter part had all its original furniture (steel pricker, trigger and of the maker’s signature HW on the lockplate was iron ramrod). It appeared to be a unique survivor of now indecipherable, such marks that did exist did not the work of Hendrie Wishaw and was one of only a preclude Hendrie Wishaw from being the maker. handful of Scottish pistols of this type and date known He pointed out that current knowledge and records to have survived. showed that apart from Wishaw there were no other gunmakers with these initials in Glasgow, or the whole of Scotland, known to be working at this time. 34
The applicant did not consider that the pistol met the painting’s export under the first, second and third Waverley criteria. He did not consider it was so closely Waverley criteria on the grounds that it was so closely connected with our history and national life that its connected with our history and national life that its departure would be a misfortune because, although departure would be a misfortune; that it was of it was rare, there were other similar examples in the outstanding aesthetic importance; and that it was United Kingdom. In the opinion of the applicant, of outstanding significance for the study of the work, pistols of this sort were essentially utilitarian with and in particular the mature work, of J M W Turner. some makers’ production incorporating a higher degree of workmanship than others; he did not The expert adviser said that the art of painting in consider this pistol to be of outstanding aesthetic watercolours was widely recognised as one of the importance. The applicant did not consider the pistol distinctive achievements of the British School, and to be of outstanding importance for the purposes of J M W Turner (1775-1851) was unquestionably one study on the grounds that there were many Scottish of its chief innovators. Although he was more often pistols on public display and in private collections celebrated for the radical oil paintings of his later throughout the United Kingdom and abroad from years, Turner’s life was marked by a lifelong which to study and learn. He considered that the experimentation and achievement with watercolours. history of Scottish gun-making was therefore fully It could be argued that the acclaim his work in represented. this medium attracted was one of the chief reasons that he sustained his unrivalled position as the We heard this case in May when the pistol was shown dominant figure on the London art world right up to us. We were not persuaded that the maker of the to his last years. pistol had been shown to be Hendrie Wishaw or, therefore, that it was a unique survivor of his work Although there was an amazing consistency to or linked with Glasgow. We found that it did not Turner’s production, the expert adviser said that meet the Waverley criteria. An export licence was certain groups of watercolours by him were therefore issued. immediately recognised as being of significance to the status and development of the art. The most notable of these were perhaps the early views of Switzerland Case 4 resulting from his 1802 tour, the large series of A WATERCOLOUR PAINTING BY Picturesque Views of England and Wales, some of his J M W TURNER, THE DARK RIGI, book illustrations including those of the Rivers of LAKE OF LUCERNE, 1842 France, and, indisputably, the spectacular late flourish of 25 views, mostly of Switzerland, that he produced The painting measures 30.5 x 45.5cm. It depicts the for a small group of patrons between 1842 and 1845. mountain peak known as the Rigi, which can be seen This final group was a last attempt to win a public from Lucerne, rising above the lake. for the sparer, more personal aesthetic he evolved in his final years. The applicant had applied to export the painting to the USA. The value shown on the export licence Turner’s greatest champion, John Ruskin (1819-1900), application was £2,700,000, which represented the was among the first to see the Swiss scenes of the amount agreed in a private sale. 1840s, and they remained for him a touchstone, representing Turner at his most profoundly creative. The Keeper of Prints and Drawings at the British He was particularly enthusiastic about the set of ten Museum, acting as expert adviser, had objected to the watercolours created in 1842, which included three Export of Objects of Cultural Interest 2006-07 35
views of the Rigi: each showing the mountain at a sunsets. The expert adviser considered that the works different time of day and characterised by a defining individually conveyed their specific moments in colour or tone (Dark, Blue or Red). time, thereby making plain Turner’s concept. His concentration on a prevailing colour in each design The expert adviser said that although the late Swiss was a bold device, serving to unify each image tonally sets had remained one of the most highly rated aspects in a way that was only subsequently pursued with any of Turner’s works, within this grouping the three views sense of real purpose by the artists of the ‘Aesthetic of the Rigi were seen as especially important. Turner’s Movement’ in the 1870s. interest in the ways in which different lighting and atmospheric effects transformed the same motif, The expert adviser considered that The Dark Rigi studied from the same viewpoint, clearly foreshadowed was a consummate example of Turner’s use of the serial approaches of several later artists, including watercolour, demonstrating his skilled use of Claude Monet and Paul Cezanne. scratching-out and stippling. It signalled the ways in which his own ‘modern’ indistinct aesthetic had Turner’s late Swiss watercolours were produced for outstripped contemporary taste, while at the same a group of collectors made up of Hugh Andrew time highlighting the ways in which Turner could Johnstone Munro of Novar (1797-1864), Elhanan effortlessly temper his radicalism in order to Bicknell (1788-1861), Benjamin Godfrey Windus accommodate expectations. (1790-1867), together with John Ruskin and his father. During the first half of the 1840s, after his summer The expert adviser believed that the relationship travels on the continent, Turner got his agent, Thomas between Turner’s private sketches and his public Griffith, to show this circle of rivals the colour studies statements was one of the most fascinating and he proposed to elaborate as more conventionally rewarding areas of study, of especial interest for finished watercolours. Each collector wrote his name his mature work, which continued to be both on the back of the subjects he had selected, and the controversial and popular. Because of the richness of completed works were delivered some months later, the collection of preparatory material in the artist’s painted on sheets of paper slightly larger than the own bequest at Tate Britain, it was frequently possible preliminary compositions. Most of these watercolours to study the genesis of a design from start to finish. remained with their original owners until the 1860s, However, because so many of the late Swiss works though they were sometimes exchanged within the had left Britain, there were diminishing opportunities circle of commissioners, who jostled with each other for the study of the connections and developments in their efforts to try and outshine each other's of the important final watercolours. As well as collections. Ruskin was especially covetous of the the breathtaking views of the Rigi in the ‘Lucerne’ works belonging to Munro of Novar, including the two sketchbook of c.1845, the Turner Bequest contained views of the Rigi – the Red and the Dark – though he dozens of colour sketches – some still in the process was eventually only able to persuade Munro to part of identification – which testified to the energy with with the first of these. which Turner stalked his subject. These also revealed the many hours of contemplative scrutiny that lay The expert adviser said that the Red Rigi, now in behind the sequence of three watercolours in the Melbourne, depicted a sunset effect on the mountain, finished group. while the other two watercolours depicting the Rigi were concerned with the nuances of dawn. This ratio Aside from their technical merits, the expert adviser reflected Turner’s special interest in sunrise, though he pointed out that the Swiss views recorded an was often mistakenly most closely associated with important development in the pattern of British 36
responses to Europe, as significant in its way as the Case 5 earlier images of Italy arising from the Grand Tour ARCHIVE OF REVEREND of the eighteenth century: the middle years of the WILLIAM GUNN nineteenth century saw the promotion of Switzerland The three main components of the archive are: as a specifically British holiday destination. i) an extensive sequence of Gunn’s incoming correspondence, with a few of his retained letters, The expert adviser said that The Dark Rigi was in amounting to over 1000 letters in all, dating between splendid condition. There had been some slight fading, 1774 and the 1830s, bound into nine volumes; but nothing that could be discerned unless the very ii) five volumes of Gunn’s diaries and one of his edges of the sheet were visible. The main colours were wife’s written while they were travelling in Europe still true and strong, and the range of supplementary in 1792-93; and techniques all finely preserved. iii) legal papers arising from Gunn having officiated at the clandestine marriage of Prince Augustus The applicant considered that although Turner was an Frederick, sixth son of George III. artist of cultural importance, his work, including his late work, was particularly well represented in the The applicant had applied to export the archives to United Kingdom. He considered that the painting’s the USA. The value shown on the export licence display in a renowned institution in the United States application was £83,050, which represented the would serve a useful role by broadening the awareness hammer price at auction, buyer's premium and of British art and artistic trends abroad. dealer’s commission.
We heard this case in May when the painting was The Head of Modern Manuscripts at the British shown to us. We were not persuaded that it met the Library, acting as expert adviser, had objected to the first Waverley criterion, but found that it met the archive’s export under the third Waverley criterion on second and third Waverley criteria. We recommended the grounds that it was of outstanding significance that the decision on the export licence application for the study of history, art history and antiquarian should be deferred for an initial period of two months scholarship in both a national and a regional context. to allow an offer to purchase to be made at the fair matching price of £2,700,000 (excluding VAT). We The expert adviser considered that the archive was further recommended that if, by the end of the initial of outstanding importance because it provided an deferral period, a potential purchaser had shown a exceptionally detailed picture of Norfolk society serious intention to raise funds with a view to making during an extended period from the late eighteenth an offer to purchase the painting, the deferral period to the early nineteenth century, both in its local should be extended by a further four months. workings, and in illustrating the impact of larger events on the region. Gunn was successively vicar of During the initial deferral period, we were informed Felmingham, curate of Hoveton St John, rector of of a serious intention to raise funds to purchase the Sloley and from 1786 held the consolidated livings of painting by Tate. We were also informed of an offer Barton Turf and Irstead. Many of his correspondents from a private individual. We subsequently learned were from this locality. The subject matter ranged that the owner had accepted the offer from a private from comment on Nelson and his wife as Norfolk individual. The applicant stated that the offer from neighbours and the revolutionary atmosphere of the private individual was received and accepted the 1790s to gossip about marriages and property before he became aware of the serious expression transactions, arrangements concerning Gunn’s tithes, of interest from Tate. the mustering of the local militia, the ‘septennial Export of Objects of Cultural Interest 2006-07 37
Mania’ of local elections, and subscriptions for poor antiquary and collector, Dawson Turner, with detailed relief at times of dearth. Of particular interest were discussion of the antiquarian and architectural the letters from Gunn's fellow Norfolk antiquaries, interests he held in common with Gunn. The latter Sir John Fenn, the first editor of the Paston letters ranged in subject matter over exhibitions, engravings, and his wife Ellinor (Frere), the children’s author, natural history, paintings, autographs, the Holkham and Antony Norris of Barton Hall and his wife Sarah. collection, and visits from fellow collectors. Letters from London included much literary and cultural comment: on Sir Peter Pindar, Samuel The expert adviser informed us that Gunn was Johnson and Jane Austen’s Emma, amongst others. implicated in royal politics, from having been the clergyman who had agreed to marry Augustus, The expert adviser also considered the archive was younger son of George III, in secret to Lady Augusta of outstanding importance because Gunn was a Murray in Rome in 1793, in contravention of the Royal significant connoisseur, antiquary and writer on art Marriages Act. Gunn and his son in succession were and architecture in his own right. He was the editor appointed the Duke’s chaplains in recognition of this in 1803 of extracts of sixteenth-century state papers personal service. The archive included two volumes on matters relating to England from the Vatican, and of printed and manuscript records, including letters of a tenth-century manuscript of Nennius, ‘Historia from the Duke and his son, Augustus Frederick d’Este, Britonnum’, which he also discovered in the Vatican concerning the claim of the latter to the Dukedom Library and published in 1819. He was also author of Sussex, in which Gunn, at the age of 80, found of An Inquiry into the Origin and Influence of Gothic himself called as a key witness. Architecture (1819), and of Cartonensia, or an Historical and Critical Account of the Tapestries in the Palace of The expert adviser drew attention to the fact that the the Vatican, copied from the Designs of Raphael (1831). bulk of the correspondence in William Gunn's archive His diary volumes of his Grand Tour in France and had not been included in any study of his career, or Italy in 1792-93 illuminated a key period when Europe in those of his most important correspondents. With was descending into war. They also contained the new material available, she considered that Gunn descriptions of the works of art he encountered and could be seen to have a rightful place in the long of the researches in Italian libraries which resulted in line of Norfolk antiquaries, scholars and collectors, his published works. beginning with Peter Le Neve and including Francis Blomefield, Thomas Martin, Sir John Fenn, Antony In addition there were many letters from local agents Norris, William Frere and Dawson Turner. She believed (including Richard Bartram and Thomas Hill of that the range of the material contained in the archive Leghorn), documenting his collecting of old master from European to county level, the wealth of detail paintings, engravings and drawings, and giving news from high culture to local politics and family life, the of wider events, including the progress of the fact the archives had been virtually unknown and Revolutionary armies in Italy and the tourist and unstudied previously, and its close links with the artistic communities there. Of particular importance surviving archives of Gunn’s correspondents all meant were two sequences of correspondence: the 38 letters the archive could cumulatively be considered to be from the sculptor and illustrator, John Flaxman, of outstanding importance for study. with accounts of his own activities in Rome, much architectural and artistic comment, illustrated with The applicant agreed that the archive was an pen and ink sketches, and discussion of the St Paul’s important scholarly resource for the study of the Cathedral naval monuments and other public eighteenth and nineteenth-century grand tour of Italy, commissions; and 60 letters from the botanist, art and collecting history and, more locally, Norfolk 38
political and business affairs. He considered that the The applicant had applied to export the painting to US institution that had purchased the archive would Switzerland. The value shown on the export licence be a very appropriate and responsible home for it. application was £2,088,800, which represented the amount agreed in a private sale. We heard this case in May when the archive was shown to us. We found that it met the third Waverley The Curator of British Art at Tate, acting as expert criterion. We recommended that the decision on the adviser, had objected to the painting’s export under export licence application should be deferred for an the first, second and third Waverley criteria on the initial period of two months to allow an offer to grounds that it was so closely connected with our purchase to be made at the fair matching price of history and national life that its departure would £83,050. We further recommended that if, by the end be a misfortune; that it was of outstanding aesthetic of the initial deferral period, a potential purchaser had importance; and that it was of outstanding shown a serious intention to raise funds with a view to significance for the study of the work of J M W Turner. making an offer to purchase the archive, the deferral period should be extended by a further three months. The expert adviser said that J M W Turner was Britain’s most pre-eminent watercolour artist and During the initial deferral period, we were informed Lake of Lucerne, from the Landing Place at Fluelen of a serious intention to raise funds to purchase the had long been recognised as one of his very finest archive by Norfolk Record Office. A decision on the achievements in this medium. export licence application was deferred for a further three months. We were subsequently informed that It appeared to have been painted in 1815, as the the archive had been purchased by Norfolk Record climax of a sequence of nine large-scale evocations of Office with assistance from the Heritage Lottery Fund, the Alps, all of which were based on material gathered the MLA/V&A Purchase Grant Fund, the Friends of the during Turner’s first European tour of 1802, when the National Libraries, the Mercers’ Company, Norfolk Peace of Amiens temporarily permitted travel on the Record Society, the Parson Woodforde Society and Continent. Though forced by the resumption of war to from the proceeds of a public appeal within Norfolk. confine his travels thereafter to Britain, between 1803 and 1815 Turner completed many realisations of the sublime scenery he had encountered in France and Case 6 Switzerland. But the most influential and widely A WATERCOLOUR PAINTING BY praised were his powerful large watercolours, which J M W TURNER, LAKE OF LUCERNE, seemed to rival the force and naturalism of what it FROM THE LANDING PLACE AT was possible to achieve in oil paint, at the same time FLUELEN, LOOKING TOWARDS offering subtler effects and colouring. Each design was BAUEN AND TELL’S CHAPEL, painted on a sheet of paper of the very largest format SWITZERLAND, C.1815 available to Turner, in effect equalling the size of oil paintings, and thereby contributing to Turner’s The painting measures 66 x 99.1cm and is signed attack on preconceived ideas of the limitations of his with the initials ‘JMWT’ in the bottom right. It favoured medium. These watercolours were presented shows the mountains encircling the village of Flüelen, to the public at both the Royal Academy and at on the southern shore of Lake Lucerne, and looks Turner’s own gallery on Queen Anne Street, where over the part of the lake known as the Bay of Uri, he tended to show his more innovative and featuring the distinctive tower of Tell’s Chapel in unconventional works. the right-hand distance. Export of Objects of Cultural Interest 2006-07 39
The expert adviser said that this view of Lake Lucerne the eye, and the approval, of many commentators. was one of four watercolours shown at the Academy Many others who subsequently worked on Turner in 1815, the others being: The Passage of Mount St from John Ruskin onwards concurred with these Gotthard from the Devil’s Bridge, c.1804 (Abbot Hall contemporary assessments. Ruskin, who was not Gallery, Kendal); The Great Fall of the Reichenbach, blind to the licence Turner permitted himself in his c.1804 (Cecil Higgins Art Gallery, Bedford); and reworking of a subject, evidently felt that art and The Battle of Fort Rock, Val d’Aouste, Piedmont 1796 nature were supremely matched in the watercolour, (Turner Bequest, Tate). The first two of these seemed for he described the work as ‘one of his loveliest to have been painted about a decade earlier, but were drawings’. From the time of its first exhibition included alongside the newer works as part of the onwards, the Lake of Lucerne, from the Landing Place at collection of Walter Fawkes, who had also just Fluelen had been acclaimed for the dazzling technical acquired the Lake of Lucerne, from the Landing Place virtuosity by which Turner conveyed the sublimity at Fluelen for the impressive sum of 120 guineas. This of both the Alpine setting and of the characteristic, was much the same substantial figure that Turner by but transient atmospheric effects. As the last in the then placed on his smaller oil paintings, indicating his sequence of large Swiss views, it skilfully drew on the own evaluation of the artistic value of the picture as complicated techniques that had characterised the an equivalent to the best of his contemporary work. important experimental and ground-breaking series to He was not alone in his assessment of the strengths which it belonged. Colours were effortlessly blended of his recent creations, as one of the reviewers of the and scratched on the surface of the paper to suggest 1815 exhibition considered that Turner’s group of the forests rising above the lake. But perhaps the most Swiss watercolours displayed ‘the richness of his fancy, breath-taking aspect of Turner’s work was the way he his fine eye for colour, and his power over his material had evoked the rising mists and clouds, giving both a in water colours’, while another especially drew his credible sense of depth and perspective at the same reader's attention to these ‘admirable’ works. time that he demonstrated their insubstantiality.
The expert adviser considered that the four The expert adviser considered that the fact that the watercolours exhibited in 1815 were clearly conceived Lake of Lucerne had belonged to two of the most as a group, and said it has been convincingly argued by important private collections of Turner’s works Professor David Hill, who had worked most closely on conferred on it a special interest and distinction. As Turner’s early Swiss subjects, that the Lake of Lucerne part of the collection of Walter Fawkes, it contributed and the Battle of Fort Rock (now in Tate Collection) substantially to the post-Waterloo perception that were specifically intended as pendants, offering Britain had, at last, established its own original art opposing states of war and peace. This was form – the water-colour painting. This was initially a particularly significant in 1815. Indeed, the balance jingoistic claim that gathered momentum during the of power in Europe that Turner was contemplating first decade of the new century, but which seemed in his images shifted significantly as a result of the to be set in stone when Fawkes displayed his large Allied victory at Waterloo in June 1815, an event collection of watercolours by Turner and other artists which took place during the period that the at his London home at Grosvenor Place in 1819 (and watercolours hung on the Academy’s walls. again in 1820). After leaving the Fawkes collection in 1890 the Lake of Lucerne watercolour was acquired The expert adviser informed us that in 1819, Lake of by the shipping magnate, Sir Donald Currie, G.C.M.G. Lucerne hung as the centrepiece of the main wall of (1825-1909), chairman of the Union Castle Line. the Large Drawing Room in Walter Fawkes’s London Of the collections of Turner’s works put together after home in Grosvenor Place, where it inevitably caught the artist's demise, Currie’s was unquestionably the 40
finest. It contained 13 oil paintings and well over 50 It is decorated with animal ornament of the so-called watercolours, with the emphasis slanted towards the Germanic Style II, arranged concentrically in later works, though the Lake of Lucerne was evidently two zones. the prize of his earlier holdings. The applicant had applied to export the mount The expert adviser confirmed that, despite some to the USA. The value shown on the export licence slight fading, the Lake of Lucerne had been preserved application was £7,000, which represented a in exceptionally good condition. sale agreement.
The applicant said that, although the Lake of Lucerne was The Keeper of the Department of Prehistory and a very fine watercolour in excellent condition, Britain Europe at the British Museum, acting as expert already had rich holdings of Turner’s work in public adviser, had objected to the mount’s export under the institutions in both oil and watercolour. This included second and third Waverley criteria, on the grounds some large exhibition watercolours deriving, like the that it was of outstanding aesthetic importance, and Lake of Lucerne, from Turner’s first Swiss tour of 1815. that it was of outstanding significance for the study of Anglo-Saxon fine metalwork. She considered that We heard this case in May when the painting was its quality of execution, intricate animal ornament, shown to us. We were not persuaded that it met the near-complete state and intact gilding combined to first Waverley criterion and, on balance, did not find make it a most exceptional find. that it was of outstanding significance for the study of the work of Turner because there were already The expert adviser said that the outer zone was examples in UK collections from the cycle of nine situated directly inside the mount’s rim with its watercolours to which it belonged. However, we three-tiered raised border. Four panels, separated by found that it met the second Waverley criterion. We round and now empty settings, contained unusually recommended that the decision on the export licence fine and complex interlace. The highly stylised design application should be deferred for an initial period of represented the undulating body of a snake-like two months to allow an offer to purchase to be made creature, its jaws clamped around itself. However, at the fair matching price of £2,088,800 (excluding rather than the common type of intertwined ribbon VAT). We further recommended that if, by the end of ornament, the creature’s body was depicted as a solid the initial deferral period, a potential purchaser had frame with four slit-like openings through which some shown a serious intention to raise funds with a view to of the long interlace strands denoting the jaws were making an offer to purchase the painting, the deferral wound. Separated from these panels by another three- period should be extended by a further four months. tiered raised border was the inner ornament zone. It was wider than the outer zone and contained a Before the end of the first deferral period, we were procession of four interlocked animals. These were informed that the owner had withdrawn the licence readily discernible quadrupeds with S-shaped bodies application. and back-turned heads. Their long jaws were again clamped around themselves. The foreleg of each animal and hind-quarter of the creature preceding it Case 7 were intertwined. A large central and four smaller AN ANGLO-SAXON GILDED MOUNT settings in the outer ornament zone were now empty, WITH INTERLACE DECORATION but would originally have held decorative bosses. These would have been made from shell or bone and The circular copper-alloy mount measures 8.6cm may have had a small garnet roundel in the middle. in diameter and retains most of its original gilding. Export of Objects of Cultural Interest 2006-07 41
The expert adviser informed us that the mount had as the Book of Durrow at Trinity College Library and at some point been reused, as secondary holes drilled two Gospel books in Durham Cathedral Library. The next to at least two of the outer bosses demonstrated. expert adviser considered that this reawakened central On stylistic grounds, she said that the mount could be questions about the influence of traditional ‘pagan- dated to the seventh century AD. style’ metalwork on Christian manuscripts in the Conversion period in Anglo-Saxon England. The expert adviser considered the mount was of primary aesthetic value, notwithstanding the missing The expert adviser said that although the mount had decorative bosses. The well-balanced composition lost its provenance, preserving it in the UK would of extremely fine interlacing animal motifs was of permit its detailed analysis and comparison with other beautiful execution and fluidity. The design in the related pieces. Its discovery offered the potential to outer ornament zone represented a highly stylised extend understanding of metalwork production and version of animal interlace and was of unusual layout: distribution in the seventh century, about which very the interlace strands of the jaws passed through the little was known, of contacts between Anglo-Saxon slotted body rather than around it, a feature that England and the Celtic peoples to the North and, in had only few parallels, one of them on the great a more general way, about the role of fine metalwork gold buckle from Sutton Hoo. In addition, the high in religious and secular life. There was also fresh scope degree of preservation of the gilding was rare on to examine the function of such mounts: their exact early Anglo-Saxon objects. use was at present unknown. Although commonly described as harness fittings, it had also been The expert adviser then set out her reasons why the suggested that they once adorned caskets, or even mount was of outstanding significance for the study reliquaries. The addition of this mount would permit of Anglo-Saxon fine metalwork. She informed us analysis of the group and other related pieces which that the seventh century was a period of intense and could shed light on their function. rapid change in England, and the contribution of contemporary metalwork to an understanding of The applicant did not contest the view that the mount religious, political, social and artistic changes was met the Waverley criteria. particularly important. Moreover, fine cast metalwork of the quality of the mount was rare in Anglo-Saxon We heard this case in July when the mount was England at this period, and it was of particular interest shown to us. We found that it met the third Waverley that it had three very close parallels, probably made criterion. We recommended that the decision on the in the same workshop. Two identical discs had export licence application should be deferred for an been found at a cemetery site at Allington Hill, initial period of two months to allow an offer to Cambridgeshire, (now in the Ashmolean Museum, purchase to be made at the fair matching price of Oxford, and the Museum of Archaeology and £7,000. We further recommended that if, by the end Anthropology, Cambridge); to these had recently of the initial deferral period, a potential purchaser had been added a metal-detected fragment found in shown a serious intention to raise funds with a view to the Dornoch area, Perthshire, Scotland. This latter making an offer to purchase the mount, the deferral fragment came from an area closely associated with period should be extended by a further two months. Pictish royal control, and not far from the monastic site of Tarbat, where other evidence of Anglo-Saxon During the initial deferral period, we were informed contacts had been found. In addition, the decoration of a serious intention to raise funds to purchase of the new mount was closely linked to that of some the mount by the Fitzwilliam Museum. A decision of the earliest decorated Insular manuscripts, such on the export licence application was deferred for 42
a further two months. We were subsequently Two secondary piercings flanked the mask. Below the informed that the mount had been purchased by bow, on either side of the plate, was a downward biting the Fitzwilliam Museum with assistance from the animal head, each with a curved and ribbed neck, open Friends of the Fitzwilliam. jaws, and backward-curling lips. The footplate central panel carried chip-carved zoomorphic ornament similar to that on the headplate. Case 8 AN ANGLO-SAXON GREAT The expert adviser said that the brooch dated to the SQUARE-HEADED BROOCH sixth century AD, and was a particularly impressive specimen. It had not been recorded or published, The copper-alloy great square-headed brooch and was not known to the author of the most recent measures 15.7cm in length and retains most of its work on brooches of this type. It had no exact parallel original gilding. The front is decorated with complex among others known brooches, and was larger than chip-carved animal ornament and three-dimensional most of the period. stylized masks.
The expert considered that the brooch’s fine state The applicant had applied to export the brooch of preservation, lavishly gilded surface treatment, to the USA. The value shown on the export licence and highly structured and enigmatic decoration all application was £15,000, which represented a contributed to its outstanding significance for the sale agreement. study of early Anglo-Saxon metalwork. She said that it related to a few other high-quality sixth-century The Keeper of the Department of Prehistory and brooches, but in its large size, and different Europe at the British Museum, acting as expert combination of elements, introduced new aspects to adviser, had objected to the brooch's export under the the overall picture. She considered it regrettable that third Waverley criterion on the grounds that it was its original context was unknown, but said that such of outstanding significance for the study of early prestige objects could have travelled some way from Anglo-Saxon fine metalwork. She considered that the their point of origin, and so a findspot in itself might accomplished workmanship on a bold scale, intricate not have necessarily shed light on its origin. She took animal ornament, complete state and intact gilding the view that its decoration offered potential for work combined to make the brooch an outstanding find. on the meaning of such ornaments, a topic which was currently attracting greatly increased interest The expert adviser informed us that the elaborate among specialists in the Anglo-Saxon and continental headplate ornament consisted of an outer border of Germanic field. The addition of a new piece, with stylised mask elements, with what might represent links to other brooches, offered an enhanced animal legs in the two upper corners. Separated by possibility of ‘reading’ the highly schematised animal a plain ridged frame, the rectangular inner field and mask ornament which occurred in this group. contained stylised chip-carved animal ornament. Study of the details might also offer insight into the The bow was undecorated, with three parallel ridges ways in which such motifs were transferred and running along the sides and middle. The footplate was recombined, thus possibly shedding light on workshop divided by a vertical ridge with two human masks in practice and distribution. Finally, the expert adviser relief, and an animal mask between them; it had two considered that analysis of the alloy had the potential side lobes and a terminal lobe. The former were plain to give new information on workshop links and except for two encircling grooves, the latter carried developing practices. the larger human mask, also encircled by two grooves, and additionally framed with radiating grooves. Export of Objects of Cultural Interest 2006-07 43
The applicant did not contest the view that the brooch The Curator of Medieval Manuscripts, Department met the Waverley criteria. of Special Collections and Western Manuscripts at the Bodleian Library, University of Oxford, acting We heard this case in July when the brooch was as expert adviser, had objected to the manuscript’s shown to us. We found that it met the third Waverley export under the third Waverley criterion on the criterion. We recommended that the decision on the grounds that it was of outstanding significance for export licence application should be deferred for an the study of the literature which connected the initial period of two months to allow an offer to practicalities of rural affairs with the ideals of courtly purchase to be made at the fair matching price of life in medieval England. £15,000. We further recommended that if, by the end of the initial deferral period, a potential purchaser had The expert adviser explained that the manuscript was shown a serious intention to raise funds with a view to a compilation, containing some rare texts, at least one making an offer to purchase the brooch, the deferral of which (the list of names for hounds) was apparently period should be extended by a further two months. unique. But these were all texts of extreme fluidity. Unlike the Latin texts of ancient or patristic authors, During the initial deferral period, we were informed which had the stability arising from firm attributions of a serious intention to raise funds to purchase the of authorship (whether accurate or not) and centuries brooch by the World Museum Liverpool. A decision of textual tradition behind them, these texts were on the export licence application was deferred for relatively recent creations, mostly in the English a further two months. We were subsequently vernacular, and often unattributed. They exhibited informed that the brooch had been purchased by significant variations from manuscript to manuscript. the World Museum Liverpool with assistance from Even the best known and most securely attributed the Heritage Lottery Fund and Friends of the National of them, The Master of Game, royal both in its Museums Liverpool. authorship and in its original dedication, had received little critical attention, and was not available in a modern printed edition. Case 9 A FIFTEENTH-CENTURY The expert adviser considered that beyond the fluidity MANUSCRIPT THE MASTER OF of the individual texts, the manuscript also needed to GAME, WITH OTHER TREATISES be studied as a whole. It was a unique compilation. OF HUNTING, HEALTH AND Although several of the texts travelled together in HUSBANDRY other manuscripts, there was no other example of a manuscript containing exactly the same grouping. The book containing the manuscript measures There were interesting links with the Boke of St Albans 24 x 17.5cm. The manuscript is on vellum, bound printed in 1486 and the compilation printed by in contemporary white leather over wooden boards Wynkyn de Worde a decade later; but although with later silver clasps, with the arms and crest of the printed and manuscript cultures overlapped, Dansey of Brimson Court, Hertfordshire, and the there was again no exact counterpart. monogram DRD.
The expert adviser said that where a compilation was The applicant had applied to export the manuscript tailor-made in this way, it was not unusual to find to France. The value shown on the export licence (as in the manuscript before us) that some texts were application was £211,870 which represented the extracted from longer originals: individual choices had hammer price at auction plus buyer’s premium and been made about the usefulness of particular sections. VAT on the buyer’s premium. 44
He considered that a study of the texts gathered improvement. Images of hunting and hawking together in relation to the quires of the book would abounded in Middle English literature, and canonical help to establish whether it was manufactured as a texts such as Sir Gawain and the Green Knight could single entity or put together from a series of separate not be appreciated without a knowledge of the booklets, in the way that literary texts were often sophisticated conventions of the chase. compiled; the work of several different scribes could certainly be observed. He considered a microfilm The expert adviser considered that the exceptional would be inadequate for the study of these aspects significance of this manuscript was easily apparent. of the manuscript, since it would extinguish all Though it had sustained minor damage, its condition codicological information. There were also early was generally good: it had retained its integrity as additions in numerous places in the book; indeed an object. some whole texts, such as the accounts of the diseases of hawks and their remedies, did not form The applicant stated that the principal text in the part of the original plan of the book and were manuscript was not rare and survived in over 25 other near-contemporary additions. manuscripts. Of the other 13 shorter texts in the volume, over half ran to just one or two pages and the The expert adviser considered that, above all, the only apparently unrecorded text was a list of suitable manuscript could contribute to our understanding of names for dogs. The volume was one of three English the inter-connection of down-to-earth experience and medieval hunting manuscripts which belonged to high ideals in medieval literature and life. Were the Prince Henry Duke of Gloucester, all of which were texts in this compilation intended to be used as a acquired either at auction or from the trade and which practical handbook, or did they represent a genre therefore had no ‘heritage’ background. The applicant of literature for the medieval landholding classes? stated that the volume before us had no illustration Success in sport, no less than in agriculture and or illumination and no known medieval provenance. arboriculture, required an understanding of the materials: of the hawks, hounds, and horses (and, We heard this case in July when the manuscript was not least, of their ailments) that were integral to it. shown to us. We considered that although it was a fascinating and significant object, it did not quite In so far as the orientation of these texts was meet the outstanding requirements of the Waverley practical, the expert adviser said that it was interesting criteria. An export licence was issued. that such information was circulating in written form, rather than orally: this was at the beginning of the genre of the advice manual so visible in today’s Case 10 bookshops. But an analysis of the production values A WATERCOLOUR PAINTING BY of the manuscript might suggest that this was a book J M W TURNER, THE BLUE RIGI, which belonged in the library rather than on the LAKE OF LUCERNE, SUNRISE, 1842 estate. Texts such as the hierarchy of birds of prey, The painting measures 29.7 x 45cm. It depicts the assigned to appropriate positions in the human social mountain peak known as the Rigi, which can be seen order, were probably always understood as courtly from Lucerne, rising above the lake. allegories. Knowledge of the language, as well as of the techniques, of hunting was a fundamental part of The applicant had applied to export the painting to the education of a gentleman. Hunting was considered the USA. The value shown on the export licence conducive not only to good health – the manuscript application was £5,832,000, which represented the also contained Lydgate’s Dietary – but also to moral hammer price at auction plus buyer's premium. Export of Objects of Cultural Interest 2006-07 45
The Curator of British Drawings and Watercolours at makers, who had sated the taste of the milordi visiting the British Museum, acting as expert adviser, had Rome, Florence and Venice. His Swiss works were, objected to the painting's export under the first, therefore, important as the finest of the kinds of visual second and third Waverley criteria on the grounds souvenirs acquired by these heirs of the Grand Tour. that it was so closely connected with our history and As Ruskin later noted, Turner's watercolours recorded national life that its departure would be a misfortune; the beauties of the Swiss landscape at the crucial that it was of outstanding aesthetic importance; and moment of transition, and often included what he that it was of outstanding significance for the study thought were unsightly new tourist hotels. of the work of J M W Turner and, in particular, his final masterpieces. She said that it had long been The expert adviser informed us that Turner's final considered one of the highest attainments of Turner’s Swiss views were produced for a group of collectors career and, as such, constituted one of the pinnacles made up of Hugh Andrew Johnstone Munro of Novar of British art. (1797-1864), Elhanan Bicknell (1788-1861), Benjamin Godfrey Windus (1790-1867), together with the critic The expert adviser said that Turner’s achievements John Ruskin (1819-1900) and his father. They were in the art of watercolour had remained very largely generally considered to be among his finest sustained unmatched. Though his oil paintings had provoked bodies of work in watercolour and demonstrated his bewilderment and the occasional hullabaloo, consummate technical skill and inventiveness. His use throughout his lifetime he had been consistently of the full range of the processes available to him was acclaimed for his work in watercolour, and, indeed, one of the characteristics that especially his peers had cherished him (rightly or wrongly) as recommended these late Swiss scenes to Martin the prime mover in the establishment of a native Hardie, who singled them out in his landmark survey school of watercolour painting at the end of the of British watercolours: 'In the Rigi drawings he is the eighteenth century. Furthermore, his works on paper insuperable master of technique. He used every could be seen to have had a far wider influence on possible manipulation of brush, colour and paper, succeeding generations than the majority of his larger every device, every weapon in his armoury, sponging, finished images. For example, the Royal Academy of rubbing, washing, stippling, hatching, touching and Arts offered a Turner award to the most favoured retouching, to express the vibration and radiation of work in watercolour in the annual exhibition. light. Light was his theme’.
The expert adviser considered that the subject of the The expert adviser said that The Blue Rigi was in good painting was a matter of even broader cultural condition and the extraordinarily vibrant blues with significance. Although the earlier fashion for Grand which Turner had startled his first viewers were still Tours in Italy was now recognised as an established very largely unchanged. His decision to unify his cultural phenomenon of the eighteenth century designs around a specific tone or colour was greatly in worthy of serious study, the development of mass advance of his period, and anticipated some of the tourism in the nineteenth century, and especially the products of the Aesthetic Movement, as well as the British middle-class invasion of Switzerland in the sketching campaigns of Monet and Cezanne, who years after Waterloo, had yet to achieve this status, similarly used a single motif as a means of exploring though it was a noteworthy parallel trend. By the inflected nuances of light and colour. producing watercolours of Swiss scenes for a circle of patrons drawn largely from the newly-wealthy The expert adviser considered that the potential for mercantile and industrial classes, Turner was assuming studying The Blue Rigi was enhanced by the possibility the mantle of Canaletto and other earlier view- of studying it in the context of works in the Turner 46
Bequest at Tate. These included breathtaking views of intention to raise funds with a view to making an offer the mountain in the ‘Lucerne’ sketchbook and dozens to purchase the painting, the deferral period should be of colour sketches – some still in the process of extended by a further four months. identification – which testified to the energy with which Turner stalked his subject. They also revealed During the initial deferral period, we were informed the many patient hours of contemplative scrutiny that of a serious intention to raise funds to purchase the lay behind the sequence of the three watercolours in painting by Tate. A decision on the export licence the finished group. application was deferred for a further four months. We were subsequently informed that the painting The applicant’s representative did not accept that had been purchased by Tate with assistance from The Blue Rigi met the Waverley criteria. She did not the National Heritage Memorial Fund, the Art Fund consider it met the first criterion because she said it (including generous support from David and Susan had received virtually no public exposure except for a Gradel, and from other members of the public through few occasions when it was on temporary loan to a the Save the Blue Rigi appeal), Tate Members and small number of exhibitions. She maintained that other donors. while it was undeniably of aesthetic importance, it was not of outstanding aesthetic importance because the condition report provided by the applicant said Case 11 that although it was in good condition, there might be A PAINTING BY ALONSO SÁNCHEZ some very slight fading of the more delicate tints and COELLO, THE INFANTE DON DIEGO there were small retouched areas. She claimed that it The painting is oil on canvas and measures 108 x 88.2 did not meet the third Waverley criterion because cm. The doorpost in the lower left is signed and dated Turner’s works, including works of the Rigi, were well ‘Alfonsius Sancius. F. /. 1577.’ Above is inscribed represented in the United Kingdom and there were ‘D.Diego de Austria, Infante’. late finished watercolours by him in many British institutions. She concluded that Turner’s achievement The applicant had applied to export the painting to in the medium of watercolour, his late Swiss Austria. The value shown on the export licence watercolours and his series of views of the Rigi application was £2,000,000 which represented the mountain could be amply studied without The Blue agreed sale price. Rigi which she did not believe threw any new light on this branch of learning. The Assistant Director of Collections and Keeper of Paintings, Drawings and Prints at the Fitzwilliam We heard this case in September when the painting Museum, acting as expert adviser, had objected to the was shown to us. We found that it met the second painting’s export under the second and third Waverley and third Waverley criteria and that it should be criteria on the grounds that it was of outstanding awarded a starred rating, meaning that every possible aesthetic importance and of outstanding significance effort should be made to raise enough money to keep for the purposes of study as a rare example of Spanish it in the country. We recommended that the decision court portraiture of a child, before Velasquez. on the export licence application should be deferred for an initial period of two months to allow an offer The expert adviser informed us that Alonso Sánchez to purchase to be made at the fair matching price Coello was born at Benifairó del Valls, Valencia in of £5,832,000 (excluding VAT). We further 1531/2. Early in the 1540s he went to Portugal to join recommended that if, by the end of the initial deferral his grandfather, who worked for the Portuguese period, a potential purchaser had shown a serious Export of Objects of Cultural Interest 2006-07 47
monarchs for more than thirty years and who was the fires which destroyed many of his portraits in the granted Portuguese titles of nobility. Sánchez Coello Galeria de Retratos of the Hapsburg family in the probably began his artistic training there, although palace of El Pardo in 1604 and in the old Alcázar de there was no documentary evidence to prove it. In Madrid in 1734. Coello’s portraits of the Imperial 1550 King John III (1502-1557) sent him to Flanders family were now scattered between Madrid in El to study with Anthonis Mor (Antonio Moro, 1516/20- Escorial, the Prado, the Fundacíon Lázaro Galdiano and 1576). On his return to Lisbon in about 1552 he the Monasterio de las Descalzas Reales, in Vienna, at entered the service of members of the Royal family the Kunsthistorisches Museum, in London in the Royal until 1555 when he went to work for the widowed Collection and at Museums in San Diego, California Infanta Juana, Regent of Spain, in Valladolid. She and Prague. recommended him to Philip II in 1559. Anthonis Mor left Spain for the last time in 1560 and Sánchez Coello The expert adviser said that all Sánchez Coello’s was appointed Pintor de Cámera. When the court surviving portraits had a grandeur of composition as finally settled in Madrid in 1561 he moved to the Casa befitted the regal or imperial status of his sitters, but del Tesoro, which became the home and studio of his fundamental importance as a court painter was the royal painters until the eighteenth century. Sánchez relative informality, within a formal surround, of his Coello died in Madrid in 1588. portraits of the hapless children of Philip II. Unless there were paintings by Titian of children to which The expert adviser said that Sánchez Coello was not Coello had access which were no longer known, it exclusively a portrait painter and a number of religious would appear that he was the originator of the type paintings, generally inspired by Titian and other Italian of portrait exemplified by the one under review. The painters whose work was known at the Spanish court, expert adviser said this type would have been of survived. However, it was as a portraitist that he was fundamental importance to Velasquez and that this best known in his lifetime and as such he continued to portrait clearly would have been known to him as an be known to posterity. His style was a synthesis of the exemplar for his own great paintings of the Spanish objectivity of the Flemish tradition, which he had Royal children. learnt from Mor, and the sensuality of Venetian painting, exemplified by Titian. He copied paintings by The expert adviser said that two types of children’s both artists: of particular relevance to his work as a portraits were known. One type was the double portrait painter was his copy (now in the Vienna portrait, and an example of this (generally considered Kunsthistorisches Museum) made in 1566 of Mor’s a studio work) was the painting depicting the Infantas full-length of Philip II of Spain in armour painted Isabel Clara Eugenia and Catalina Micaela, daughters c.1557 to celebrate the battle of San Quentin when of Philip II and his third wife Elisabeth de Valois, now Hapsburg troops defeated the French (now in the El shown in the Green Drawing room at Buckingham Escorial, Madrid). Palace, painted c.1570/71. The other type was of individual potential heirs to the Spanish imperium and Although Sánchez Coello was court painter to Philip II, the present painting was this latter type. the expert adviser said that only one other painting of the King could definitely be attributed to him: the Philip II (1527-1598) did not have much luck with his half-length in armour with a field-marshal’s baton heirs. His first wife María of Portugal died in childbirth painted c.1570/71, which, together with its pair, a half- of her one son, Don Carlos (1545-1568); Mary Tudor length of Philip’s fourth wife, Anne of Austria, was in suffered a phantom pregnancy but had no children; the collection at Pollok House, Glasgow. The dearth of Elisabeth of Valois had two miscarriages, then bore surviving portraits by Coello was in large part due to two daughters, the Infantas Isabel Clara Eugenia 48
(1566-1633) and Catalina Micaela (1567-1597) and The expert adviser said that the condition of the died in childbirth in 1568; Anne of Austria was fertile, painting was generally good for a painting of its age. but all of her seven children died at birth or infancy There were traces of old damages, particularly in the apart from Felipe, who became King of Spain in 1598 background, but none seemed to be of significance. and lived until 1621. Don Diego was Anne of Austria’s The face, hands and costume were all in good fourth child, born in 1575. He died aged seven in 1582. condition. He informed us that a studio replica of the painting was in the Alte Pinakothek, Munich and a The expert adviser informed us that the portrait copy, said to be by Dulonez, was in the Museum at showed Don Diego in 1577, dressed formally and Versailles. depicted with the grave seriousness peculiar at times to the very young. His masculinity was depicted by The applicant did not consider that the painting met the spear which he held in his right hand and the the Waverley criteria. He said that it was not closely hobby-horse which he carried in his left, suggesting connected with the history of the United Kingdom nor the royal parents’ hopes for his future. (He was its national life. It had been in foreign collections in intended for the army.) Fear for his health in a family Spain and France for most of its existence and had not so particularly unlucky in the longevity of its children therefore acquired national importance by association could be detected in the numerous religious and with a particular individual or location. He also said protective amulets which he wore. The details of that the subject of the work, a portrait of a member of these and of the embroidery on his dress were the Spanish Royal family, was far from unique within consummately realised and, together with the open the artist’s oeuvre and that other paintings of Spanish door on to the balcony, evinced awareness of the aristocracy were plentiful in public collections in Flemish tradition of Coello’s master, Mor. The the United Kingdom. These included the Portrait of expression on Don Diego’s face was trusting and at Catherine of Austria in the Bowes Museum, Archduke this stage of his life he bore a marked likeness to his Rudolf and Ernest of Austria in the Royal Collection, mother, Anne of Austria. The gravity with which he Hampton Court, Philip II of Spain and Don John of gazed out at the onlooker indicated the isolation of Austria in the Glasgow Museums, Anne of Austria and the responsibility of being born into so important a Philip II in Pollok House, Glasgow. The applicant said family, but Sánchez Coello had broken the formality of that the sombre, dignified aristocratic ideal which his pose by including the hobby-horse as a symbol of the artist’s portraits were deemed to embody was childish pursuits. The perspective of the child’s shadow therefore thoroughly represented in the United projected across the floor to the dark wall behind gave Kingdom. The applicant did not consider that Coello a proper sense of spatial depth which was not quite was a household name amongst those artists realised by the drawing of the balustrade outside the commonly associated with the Spanish golden age open door. and stated that he would consequently not be deemed to be an artist of outstanding national In support of his view that the painting was of importance in the eyes of the British public. outstanding aesthetic importance, the expert adviser quoted the critic Gustav Waagan, who in 1857 noted We heard this case in September when the painting that works by Sánchez Coello were seldom seen was shown to us. We found that it met the second outside Spain and said of this picture: ‘The truth of and third Waverley criteria. We did not feel able to every portion, and the care of execution, are worthy of recommend a fair matching price for the painting on the high reputation as a portrait-painter which Coello the basis of the evidence provided. We therefore bore at the Court of Philip II’. recommended that the Secretary of State should seek two independent valuations. Export of Objects of Cultural Interest 2006-07 49
The Secretary of State agreed to this course of action. The Head of Map Collections at the British Library, The independent valuers considered that £2,000,000 acting as expert adviser, had objected to the export of was a fair valuation. the cabinet containing dissected maps under the third Waverley criterion on the grounds that it was of In May 2007 we recommended that the decision outstanding significance for the study of the origins on the export licence application should be deferred of the jigsaw puzzle. for an initial period of two months to allow an offer to purchase to be made at the fair matching price This item had previously been before the Committee of £2,000,000 (excluding VAT). We further in September 2000 and April 2004 and on both recommended that if, by the end of the initial deferral occasions had been found to meet the third Waverley period, a potential purchaser had shown a serious criterion. On each occasion, the application had been intention to raise funds with a view to making an offer withdrawn before our recommendation was made to to purchase the painting, the deferral period should be you. Reports of the case hearings are included in our extended by a further four months. Annual Reports for 2000-01 and 2003-04.
During the initial deferral period, we were informed The expert adviser referred us back to his previous of a serious intention to raise funds to purchase the statement and Jill Shefrin’s book Such Constant painting by the National Gallery. A decision on the Affectionate Care: Lady Charlotte Finch – Royal export licence application was deferred for a further Governess & the children of George III which he four months. A decision on the export licence has considered to be meticulously researched. The book, been further deferred in view of the investigation by which contained a certain amount of new information, HM Revenue and Customs into information provided did not disprove the hypothesis that the jigsaw puzzle to the Committee and the seizure of the painting by originated in England and offered further evidence HM Revenue and Customs. that Lady Charlotte’s cabinet contained the earliest surviving examples of dissected maps (jigsaw puzzles) whether or not Lady Charlotte had invented them. Case 12 A COLLECTION OF MANUSCRIPT The expert adviser considered that even after Shefrin’s AND PRINTED MAPS CUT AS studies, there was further potential for research. The JIGSAWS AND HOUSED IN A relationship between Lady Charlotte and John MAHOGANY CABINET Spilsbury, who commercially marketed dissected The cabinet contains dissected and manuscript maps, puzzles and whose imprint was on two dissected maps which have been engraved and mounted on wood, and in the cabinet, had not yet been resolved. The nature a nineteenth-century manuscript note which reads as and sources of the other dissected maps in the cabinet follows: ‘Cabinet belonging to Lady Charlotte Finch also remained to be discovered and were likely to (sister to Lady Juliana Penn) Governess to the children yield further information about the origins of of George the Third. She was the inventor ofdissecting dissected maps and thus of the jigsaw puzzle. maps & those in this cabinet were expressly made for, & always used in teaching Geography to George the The applicant had stated that he was content to fourth, his Brothers & Sisters’.The applicant had applied accept the Committee’s previous finding that the to export the cabinet containing dissected maps to the cabinet containing dissected maps met the third USA. The value shown on the export licence application Waverley criterion. was £120,000 which represented the applicant’s estimate of the item’s commercial value. 50
We heard this case in September 2006. We agreed Case 13 unanimously to confirm the earlier findings that the AN EIGHTEENTH-CENTURY MANTUA cabinet containing dissected maps met the third AND PETTICOAT Waverley criterion. We did not feel able to The mantua and petticoat are made of what was recommend a fair matching price for the cabinet called in the eighteenth century an orrace tissue: an containing dissected maps on the basis of the ivory silk, very richly woven with additional warp and evidence provided. We recommended that the weft in three different qualities of silver thread. The Secretary of State should seek an independent pattern of flowers and leaves against a striped ground valuation. The Secretary of State agreed to this suggests a date of about 1755 to 1763. recommendation. The independent valuer considered that £120,000 was a fair valuation. The applicant had applied to export the mantua to the USA. The value shown on the export licence In November 2006 we recommended that the application was £80,275 which represented the decision on the export licence application should be hammer price at auction plus auctioneer’s premium. deferred for an initial period of two months to allow an offer to purchase to be made at the fair matching The Senior Curator of Textiles at the Victoria and price of £120,000 excluding VAT. We further Albert Museum, acting as expert adviser, had objected recommended that if, by the end of the initial deferral to the mantua’s export under the first, second and period, a potential purchaser had shown a serious third Waverley criteria on the grounds that it was so intention to raise funds with a view to making an offer closely connected with our history and national life to purchase the cabinet containing dissected maps, that its departure would be a misfortune; that it the deferral period should be extended by a further was of outstanding aesthetic importance and that it three months. was of outstanding significance for the study of the English mantua in general and its function at the During the initial deferral period, we were informed English court. of a serious intention to raise funds to purchase the cabinet jointly by Historic Royal Palaces and the The expert adviser considered this mantua to be an V&A Museum of Childhood. A decision on the export exceptionally fine example of a uniquely English licence application was deferred for a further three style of court dress. It filled an important gap in the months. We were subsequently informed that the knowledge of English court dress between 1760 and cabinet had been purchased by the Art Fund, who 1775. Furthermore, the relatively untouched state of donated it as a gift to be shared equally between the ensemble offered an accurate view of the cut and Historic Royal Palaces and the Victoria and Albert construction of the mantua after 1760. Museum of Childhood. The mantua and petticoat descended from Charles Wentworth-Watson, 2nd Marquis of Rockingham (1730-1782). The Rockingham seat, Wentworth Woodhouse in Yorkshire, was the largest and one of the finest eighteenth-century country homes in Britain. It once housed a splendid collection of furniture and paintings dating from the seventeenth and eighteenth centuries. The Marquis died childless in 1782, at which point his titles became extinct. His estates and other properties, passed to his nephew, Export of Objects of Cultural Interest 2006-07 51
the 4th Earl Fitzwilliam. The title and estates passed of Rockingham’s interest in dress comes from Lady through successive generations until the death of the Mary Coke’s journal. She noted on August 27th 1768, 8th Earl Fitzwilliam in 1948. The mantua descended to ‘I am sorry Lady Rockingham has put herself to the his widow Olive, Countess Fitzwilliam. expense of two new Sacks (sack-back gowns) for the King of Denmark, who She will certainly not see, as Given the mantua’s established descent from the 2nd the Yorkshire journey is quite at an end’. Marquis Rockingham, it was most likely associated with his wife, Mary, 2nd Marchioness Rockingham, The expert adviser explained that the mantua and née Bright (1735-1804). Rockingham served as prime petticoat were made of a very richly woven ivory minister twice, 1765-1766 and 1782 and led the silk. Such a silk could have been woven either in Whig opposition under the name of the Rockingham Spitalfields, London or Lyons, France, the two major Whig Party from 1766-1770. Mary, 2nd Marchioness centres of silk production in Europe in the eighteenth Rockingham, warranted an entry in the Dictionary century. The width of the silk at 20.25 inches of National Biography in her own right and was suggested English manufacture, French silks were acknowledged by several biographers for her role in usually slightly wider or narrower, while the weave support of her husband’s political activities. She acted and pattern appeared French in their opulence and as an unofficial secretary (many of Rockingham’s formality. However, given the fierce competition letters are in her hand) and was credited as skilfully between Spitalfields and Lyons and the degree to placating some of his more awkward associates and which the English copied French designs, it was soliciting their support. impossible to state definitely the origin of the silk without further research. As Marchioness of Rockingham, Mary would have attended court in the appropriate mantua for the Wherever it was woven, the silk would have been celebrations of the King’s and Queen’s birthdays, and extremely expensive. In the hierarchy of silk prices, other regular occasions. She would have certainly those with a pattern cost more than plain. The more worn a mantua for the marriage of George III and complicated the design and diverse the range of Princess Charlotte of Mecklenburg-Strelitz on 8 colours, the more expensive the silk. Those woven September 1761 and their coronation on 26 with metal thread were most costly and within that September 1761. As wife of the prime minister, from hierarchy, only a silk woven with silver-gilt would have July 1765 until 30 July 1766, Mary would have held fetched a higher price than the silver tissue of this an even more important position at court. It is highly mantua. In addition to the splendid fabric, the mantua likely that this mantua corresponds to this particular was trimmed with silver lace around the sleeve ruffles, period in her life. Furthermore, as an heiress in her robings and ruffle at the top of the train at the back. own right (she brought a dowry of £60,000) and the wife of one of the wealthiest peers in Britain, Mary The expert adviser stressed the importance of the was one of the few women who could have afforded survival and superb condition of this mantua at a time a court mantua as expensive as this one. when textiles such as this were often melted down to regain the precious metal, once they went out of The extensive archive of the Rockingham family is fashion. Those few that survived tended to be found held in Sheffield Archives and might hold references in the European armoury collections where they were to the mantua. Letters from the 2nd Marchioness of consciously preserved for posterity as part of the Rockingham can also be found in the Portland Papers, national heritage. Moreover, the condition of this University of Nottingham and the Savile papers in piece was extraordinary as there was hardly any Leeds Archives. A brief suggestion of the Marchioness oxidation of the silver in both the lace and the woven 52
silk. Not only was it virtually untarnished, but no other The applicant did not consider the dress was a court surviving mantua bore so much silver thread. gown, but a wedding dress. Silver and ivory, traditional colours of virginity, had been worn by royal and noble This mantua and petticoat filled a crucial gap in the brides from the middle ages. The applicant considered history of the mantua in general and its function at it was significant that the fabric included a wheat the English court in particular. The ensemble must pattern and vertical stripes which were a conventional have been English as Britain was unique in its adoption marriage symbol of fertility. She also stated that of the mantua for court dress. Furthermore, English the gown’s measurements and height would have court dress was specific to a very limited number of corresponded more closely to those of a young locations and occasions. As the most formal type of woman, rather than a matronly figure, as Mary dress, it was required only for particular events held Rockingham would have been by the 1760s. primarily at St. James’s Palace (and Westminster Abbey for coronations and royal weddings). Court The applicant agreed with the expert adviser that the dress would not have been worn anywhere else in mantua dated from the mid-1760s, and pointed out Britain or its colonies. that this would coincide with the wedding dates of two of the nieces of the second Marquess of The relatively untouched state of this ensemble Rockingham, both of whom were married in 1764. offered an accurate view of the cut and construction She thought they may have both worn the dress, and of the mantua after 1760. The petticoat had been that alterations were made for the second wedding. narrowed with two large, easily reversed tucks; the The applicant agreed that the mantua had neither original stomacher was missing and the lace may significantly nor irretrievably been altered. However, have been changed during the eighteenth century. the applicant did consider that there were more However, none of the seams had been unpicked, significant court mantuas already in British collections. nor had the petticoat or mantua been re-shaped or reconstructed. The original pleating of the petticoat We heard this case in October when the mantua and remained, as did the linen tape tie. petticoat were shown to us. We found that the mantua met the second and third Waverley criteria The expert did not agree with the applicant’s claim and that it should be awarded a starred rating, that the mantua was a wedding dress, as she had meaning that every possible effort should be made found no examples of mantuas being worn for private to raise enough money to keep it in the country. We weddings during the period in question, and recommended that the decision on the export licence considered this unlikely. application should be deferred for an initial period of two months to allow an offer to purchase to be made The applicant did not agree that the mantua and at the fair matching price of £80,275 (excluding VAT). petticoat met the Waverley criteria and considered We further recommended that if, by the end of the it to be a formalised old-fashioned version of a initial deferral period, a potential purchaser had shown far more significant form introduced in the late a serious intention to raise funds with a view to seventeenth century/first decade of the eighteenth making an offer to purchase the mantua, the deferral century. The earlier versions were considered the period should be extended by a further three months. more critical to establishing the evolution of the dress by costume historians. During the initial deferral period, we were informed of a serious intention to raise funds to purchase the mantua by Historic Royal Palaces. We were subsequently informed that the mantua had been Plate I A painting by Francesco Solimena, Joseph and Potiphar’s Wife
Plate II A painting by Michiel van Musscher, Portrait of an Artist in his Studio Plate III A watercolour painting by J M W Turner, The Dark Rigi, Lake of Lucerne, 1842
Plate IV Archive of the Reverend William Gunn
Plate V A watercolour painting by J M W Turner, Lake of Lucerne, from the Landing Place at Fluelen, Looking towards Bauen and Tell’s Chapel, Switzerland, c.1815 Plate VI An Anglo-Saxon gilded mount with interlace decoration
Plate VII An Anglo-Saxon great square headed brooch
Plate VIII A watercolour painting by J M W Turner, the Blue Rigi, Lake of Lucerne, Sunrise, 1842 Plate IX A painting by Alonso Sánchez Coello, The Infante Don Diego
Plate X A collection of manuscript and printed maps cut as jigsaws and housed in a mahogany cabinet Plate XI An eighteenth-century mantua and petticoat
Plate XII A felt appliqué and patch-worked album coverlet made by Ann West in 1820
Plate XIII Diaries, correspondence and manuscript volumes of Mary Hamilton
Plate XIV A painting by John Constable, Flatford Lock from the Mill House
Plate XV A painting by Karel van Mander the Elder, The Crucifixion
Plate XVI A bronze statuette after Pierre Legros the Younger, Marsyas
Plate XVII An eighteenth- century man’s embroidered banyan and waistcoat
Plate XVIII A Neolithic ‘jadeite’ axe-head from Sturminster Marshall, Dorset
Plate XIX The guild roll of the Guild of St Mary, Nottingham, 1371 Plate XX An Anglo-Saxon silver-gilt zoomorphic mount
Plate XXI A fifteenth-century illuminated manuscript of the Hours of the Passion
Plate XXII An eighteenth-century Union flag Export of Objects of Cultural Interest 2006-07 53
purchased during the initial deferral period by the The expert adviser stated that the objection to the Art Fund, who had donated the mantua to Historic export of the photographs was based on Charles Royal Palaces. Lutwidge Dodgson’s significant contribution to both literature and to the art of photography. As a historical figure, he was deeply rooted in the popular Case 14 imagination as the author ‘Lewis Carroll’, his books THE PUSEY HOUSE COLLECTION OF were amongst the most cherished in the world, and THE PAPERS OF MRS HUMPHREY his work continued to play an important role in WARD contemporary cultural life. His photographs stood alone as a considerable aesthetic achievement, but The collection in question represented nearly half also illuminated other facets of his creative work. of the letters and papers originally inherited by Mrs They provided a unique insight to the creative process Humphry Ward’s granddaughter, Mrs J R H Moorman. and the development of Dodgson’s distinctive In the 1960s Mrs Moorman divided the papers, gave aesthetic as a nineteenth century master of half to Pusey House (more than 2,200 letters, mainly portraiture. The expert adviser considered that the private and family correspondence), and sold the other permanent removal of photographs by Dodgson half (mainly publishing letters and the manuscripts would heighten the absence of primary material to of the novels). The Pusey House collection was celebrate such a revered individual who figured so augmented in 1987 by a further gift of family papers strongly in our national heritage. presented by Lady Huxley, the widow of Mrs Ward’s nephew Sir Julian Huxley. The expert adviser informed us that Charles Lutwidge Dodgson was born on 27 January 1832 at the The applicant had applied to export the archive to parsonage at Daresbury in Cheshire. He was the the USA. The value shown on the export licence eldest son and third child (out of eleven) of an application was £58,000, which represented an Anglican clergyman Charles and Frances Dodgson agreed sale price. (née Lutwidge). He was eleven when his family moved to Croft in North Yorkshire and, at the age of twelve, The Head of the National Museum of Photography, was sent to Richmond School as a border. On 27 Film and Television, acting as expert adviser, had January 1846 Dodgson was enrolled at Rugby and objected to the export of four albumen prints in the stayed for three years. It was during this time that archive under the first, second and third Waverley he devised ways to entertain his brothers and sisters, criteria on the grounds that they were so closely in the form of magazines containing poems, stories connected with our history and national life that their and drawings. These magazines included Useful and departure would be a misfortune; that they were of Instructive Poetry, The Rectory Magazine, and The outstanding aesthetic importance; and that they Rectory Umbrella. were of outstanding significance for the study of photography. The photographs in question showed In 1850, Dodgson matriculated at Christ Church, Julia Arnold in Chinese dress, standing (1871, Oxford. For the next five years he worked steadily measurements 155 x 133mm), Julia Arnold in Eastern until he attained a college Mastership (in October dress with rocking horse (early 1870s, measurements 1855). During this time he continued to write and 128 x 101mm), Julia Arnold in Gypsy dress (early compiled a scrapbook of his best writings called 1870s, measurements 148 x 105mm) and Julia Arnold Mischmasch. This included a Stanza of Anglo-Saxon in contemporary dress seated in an upholstered chair Poetry that was to become the first verse of his later (early 1870s, measurements 126 x 101mm). nonsense poem Jabberwocky. Of all of Dodgson’s 54
literary work the two books describing the experiences study resource in relation to culturally and socially of ‘Alice’ (published in 1865 and 1872), were his most influential Victorian individuals. They told about distinguished and well known. In 1856 he took up class, dress and Victorian sensibilities in one of the photography which became a serious preoccupation intellectual and cultural centres of Britain during the until 1880. nineteenth century.
Dodgson was a close friend of the Arnold family. Julia The expert adviser said that Dodgson was widely Arnold, who was shown in the photographs before us, acknowledged as an outstanding pioneer in British was the daughter of Thomas Arnold the younger (the photography and that he took, without question, son of Thomas Arnold, the scholar and head of Rugby some of the most compelling and aesthetically refined School) and the niece of the poet, Matthew Arnold. portraits of the nineteenth century. His ability was Her sister, Mary Augusta Arnold, became a famous recognised early in his career when his work was novelist under her married name of Mrs Humphry shown in February, 1858, at the fifth exhibition of the Ward. Julia was brought up in Oxford and gained a Photographic Society of London. Key photographers first class degree in English Literature from Somerville such as Clementina Lady Hawarden, Julia Margaret College in 1882. In 1885, she married the writer, Cameron, Henry Peach Robinson and Oscar Rejlander, Leonard Huxley. She was the mother of the well- were all known to Dodgson. His photographs, like known novelist, Aldous Huxley. The expert adviser much of their work, were part of a cultural stance for considered that the photographs before us the new ‘art’ of photography. represented a record of the complex relationship between Dodgson and his ‘child friends’. The expert adviser informed us that of the 1,669 known surviving prints by Dodgson, only 30 per cent Dodgson took up photography at a time when (495) were in the United Kingdom. No other prints of commercial portraiture was growing in popularity. three of the portraits before us were known to exist in The social network offered through Christ Church (and any public or private collection and there were only its influential Dean – Henry George Liddell) provided three other prints of the portrait of Julia Huxley in excellent opportunities for this aspiring young man Oriental dress, two of which were abroad. and his photographic art. Dodgson’s photographs therefore spoke of the social rituals of the Victorian The applicant stated that Mrs Humphry Ward, the period where photography was increasingly used as granddaughter of Doctor Thomas Arnold of Rugby, a means of reinforcing identity and social status. was a minor late-Victorian novelist whose most successful work, Robert Elsmere, was still in print. She Between 1856 and 1880, Dodgson took many was also an indefatigable letter writer. The applicant portraits, not only of his many ‘child friends’, but of considered that her personal correspondence was of major figures such as Frederick, the Crown Prince of much biographical interest and of some significance Denmark, Arthur Hughes, Alphonse Legros, Queen for women’s studies, but did not consider it met the Victoria's youngest son, Prince Leopold, George Waverley criteria. MacDonald, John Everett Millais, Alexander Munro, Dante Gabriel Rossetti, and Alfred, Lord Tennyson. The We heard this case in October, when the archive expert adviser said that in this respect Dodgson’s work including the photographs were shown to us. We and influence belonged to a larger cultural landscape agreed that the photographs were of interest, but did where the worlds of literature, society portraiture and not find that they reached the standard required by painting overlapped in important ways. He considered the Waverley criteria. An export licence was issued. that Dodgson’s photographs represented an important Export of Objects of Cultural Interest 2006-07 55
Case 15 The expert adviser informed us that Charles Lutwidge A PHOTOGRAPH BY CHARLES Dodgson was born on 27 January 1832 at the LUTWIDGE DODGSON (ALSO parsonage at Daresbury in Cheshire. He was the KNOWN AS LEWIS CARROLL) eldest son and third child (out of eleven) of an OF JULIA ARNOLD IN CHINESE Anglican clergyman Charles and Frances Dodgson DRESS, 1871 (née Lutwidge). He was eleven when his family moved to Croft in North Yorkshire and, at the age of twelve, The photograph is an Albumen print from a wet was sent to Richmond School as a border. On 27 collodion negative and measures 5.5 x 13.3 cm. January 1846 Dodgson was enrolled at Rugby and stayed for three years. It was during this time that The applicant had applied to export the photograph he devised ways to entertain his brothers and sisters, to Switzerland. The value shown on the export licence in the form of magazines containing poems, stories application was £23,684, which represented an agreed and drawings. These magazines included Useful and sale price. Instructive Poetry, The Rectory Magazine, and The Rectory Umbrella. The Head of the National Museum of Photography, Film and Television, acting as expert adviser, had In 1850, Dodgson matriculated at Christ Church, objected to the photograph’s export under the first, Oxford. For the next five years he worked steadily until second and third Waverley criteria on the grounds he attained a college Mastership (in October 1855). that it was so closely connected with our history and During this time he continued to write and compiled a national life that its departure would be a misfortune; scrapbook of his best writings called Mischmasch. This that it was of outstanding aesthetic importance; and included a Stanza of Anglo-Saxon Poetry that was to that it was of outstanding significance for the study become the first verse of his later nonsense poem of photography. Jabberwocky. Of all of Dodgson’s literary work the two books describing the experiences of ‘Alice’ (published in The expert stated that the objection to the export 1865 and 1872), were his most distinguished and well of the photograph was based on Charles Lutwidge known. In 1856 he took up photography which became Dodgson’s significant contribution to both literature a serious preoccupation until 1880. and to the art of photography. As a historical figure, he was deeply rooted in the popular imagination as Dodgson was a close friend of the Arnold family. Julia the author ‘Lewis Carroll’, his books were amongst the Arnold, who was shown in the photograph before us, most cherished in the world, and his work continued was the daughter of Thomas Arnold the younger (the to play an important role in contemporary cultural son of Thomas Arnold, the scholar and head of Rugby life. His photographs stood alone as a considerable School) and the niece of the poet, Matthew Arnold. aesthetic achievement, but also illuminated other Her sister, Mary Augusta Arnold, became a famous facets of his creative work. They provided a unique novelist under her married name of Mrs Humphry insight to the creative process and the development Ward. Julia was brought up in Oxford and gained a of Dodgson’s distinctive aesthetic as a nineteenth- first class degree in English Literature from Somerville century master of portraiture. The expert adviser College in 1882. In 1885, she married the writer, considered that the permanent removal of Leonard Huxley. She was the mother of the well- photographs by Dodgson would heighten the known novelist, Aldous Huxley. The expert adviser absence of primary material to celebrate such a considered that the portrait of Julia Arnold before revered individual who figured so strongly in our us represented a record of the complex relationship national heritage. between Dodgson and his ‘child friends’. 56
Dodgson took up photography at a time when The expert adviser informed us that of the 1,669 commercial portraiture was growing in popularity. known surviving prints by Dodgson, only 30 per cent The social network offered through Christ Church (and (495) were in the United Kingdom. its influential Dean – Henry George Liddell) provided excellent opportunities for this aspiring young man The applicant stated that the subject of the and his photographic art. Dodgson’s photographs photograph, Julia Arnold, was hardly known in her therefore spoke of the social rituals of the Victorian own right: she was the niece of the poet and critic period where photography was increasingly used as Matthew Arnold, she married Leonard Huxley and a means of reinforcing identity and social status. Aldous Huxley was her son. The applicant considered that the portrait before us was a charming example Between 1856 and 1880, Dodgson took many of Dodgson’s photography, but did not consider it portraits, not only of his many ‘child friends’, but met the Waverley criteria. of major figures such as Frederick, the Crown Prince of Denmark, Arthur Hughes, Alphonse Legros, Queen We heard this case in October, when the photograph Victoria's youngest son, Prince Leopold, George was shown to us. We agreed that it was of interest MacDonald, John Everett Millais, Alexander Munro, and presented an engaging image, but did not find Dante Gabriel Rossetti, and Alfred, Lord Tennyson. that it reached the standard required by the Waverley The expert adviser said that in this respect Dodgson’s criteria. An export licence was issued. work and influence belonged to a larger cultural landscape where the worlds of literature, society portraiture and painting overlapped in important Case 16 ways. He considered that Dodgson’s photographs A FELT APPLIQUÉ AND PATCH- represented an important study resource in relation to WORKED ALBUM COVERLET MADE culturally and socially influential Victorian individuals. BY ANN WEST IN 1820 They told about class, dress and Victorian sensibilities The coverlet, which measures 221 x 244cm, is made in one of the intellectual and cultural centres of from a variety of wool cloths in black, red, beige, Britain during the nineteenth century. brown, cream and blue, together with extensive embroidery and some inked labels. It is arranged in The expert adviser said that Dodgson was widely a framed style with a central rectangle and other acknowledged as an outstanding pioneer in British four-sided blocks, in a series of borders and a scallop- photography and that he took, without question, shaped edge. The centre and the blocks depict scenes some of the most compelling and aesthetically refined from the Bible and from domestic life together with portraits of the nineteenth century. His ability was flowers, birds, animals, fish and hearts. recognised early in his career when his work was shown in February, 1858, at the fifth exhibition of the The applicant had applied to export the coverlet to Photographic Society of London. Key photographers the USA. The value shown on the export licence such as Clementina Lady Hawarden, Julia Margaret application was £34,450, which represented the Cameron, Henry Peach Robinson and Oscar Rejlander, sale price. were all known to Dodgson. His photographs, like much of their work, were part of a cultural stance The Senior Keeper, Beamish, North of England Open for the new ‘art’ of photography. Air Museum, acting as expert adviser, objected to the coverlet’s export under the second and third Waverley criteria on the grounds that it was of outstanding aesthetic importance and of outstanding significance Export of Objects of Cultural Interest 2006-07 57
for the study of social history, folk art, working background components within each block, as well costume of the early 1800s, imagery in figurative as the blocks themselves, were pieced together. The quilts and coverlets, and the history and development complex images had been built up by applying pieces of textiles in the British Isles. The expert adviser was of wool cloth, which were often manipulated by assisted by the Quilters’ Guild of the British Isles. folding, tucking and ruching to create texture and depth, and an illusion of dimension. The images were The expert adviser considered the coverlet a extensively embroidered to add further details such as remarkable English textile treasure and a rare and facial features, details on clothing such as buttons or important piece of English folk art. Visually and trim and fur and feathers on the animals and birds. aesthetically, it was a striking example of a domestic All pieced seams both within blocks and joining the textile worked in patchwork and appliqué. It was blocks had been covered with a loose chain stitch in rare that such pieces, which were made generally off white, which was decorative as well as functional. by women in the domestic environment, were signed or even dated. This pictorial coverlet bore both a Museum sources and the research undertaken by the signature and date of 1820, making it the earliest British Quilt Heritage Project, run by the Quilters’ example of an appliqué figurative coverlet in wool, Guild of the British Isles, confirmed that pieced and made by a woman, known to survive in Britain. embroidered quilts from the early eighteenth century into the early nineteenth century still existed, but The coverlet’s central rectangle contained a Tree of they were usually executed in silk on silk, or cotton on Life-style depiction of the Garden of Eden with many cotton. Of the 4000 items documented, no quilts or animals and flowers with Adam and Eve in the border coverlets of the period were in wool and none showed below and biblical shepherds in the border above. such detailed domestic and biblical scenes as the Ann Biblical scenes also included David and a beheaded West example. Mosaic patchwork was the preferred Goliath, the discovery of Moses, and the Burning Bush. technique for patchwork during the eighteenth and There was also an imaginative selection of domestic very early years of the nineteenth century. Appliqué images from everyday life surrounding the centre and other piecing techniques gradually became more panel. Many of these images were labelled in popular and it was significant that the Ann West embroidery: ‘Old Acquaintances’, ‘An Auctioneer’, coverlet was constructed using appliqué in 1820. ‘Farmer and Milkmaid’, ‘Servant and Master’, ‘Sportsman’, ‘Your Honour Madam’, ‘Caffrs’, The expert adviser informed us that the style of the ‘Friendship’, and ‘Sweeps’, and others had labels as Ann West coverlet was comparable with known speech balloons with inked speech such as ‘Amen’ pictorial quilts and coverlets made by tailors. These from the congregation at the wedding scene. Two were often figurative pieces made in woollen cloth floral blocks bore the embroidered legends ‘Forget by known male makers of the second half of the Me Not’ and ‘Remember Me’, and another ’Ann nineteenth century, mostly using the technique of West’s Work 1820’. The narrow outer border at the inlaid patchwork. These were constructed from thick bottom depicted seashells and fish whilst the upper felted wools using a technique that achieved a result outer border showed flowers, fruit and leaves. Hearts that resembled marquetry in wood. Some of these and simple four-petalled flowers ran down the outer seemed to have links with exhibits in the Great side borders. Exhibition of 1851. Many of the designs used in this group appeared to have been inspired by commercial The coverlet exhibited a three dimensional quality images such as theatrical prints. Inlaid patchwork and wonderful attention to detail. The designs within had also been seen in some pieced uniform coverlets, the blocks were made from appliqué and the larger which were often made by military tailors later in 58
the nineteenth century. However whilst these inlaid occupations. Thus the coverlet provided a wonderful coverlets were made in wool and appeared to copy opportunity for further research into the working contemporary prints and pictorial designs, their costume of ordinary people. technique, style and context was completely different to the Ann West coverlet. They also dated from the Ann West may have been influenced, in her 1840s at the earliest. The Ann West coverlet was imaginative appliqué, by the contemporary popular unique, in that it has been made by a woman, in literature of the day, adapting her images from appliqué, in fine wool fabrics at a much earlier date. illustrative prints, political cartoons, chapbooks, penny Such surviving pieces were essential for further posters, and broadside ballads. The latter were often documentation and study, in order to build up a illustrated with woodcuts and these provided an picture of the history of patchwork and appliqué important source for the study of popular art in at this period. Britain. Some of the figures were reminiscent of the humorous tail-pieces in woodcut by Thomas Bewick, The expert adviser stated that recent research had the engraver, (1753-1828), which would have been shown that patchwork, quilting and appliqué should widely available. Bewick’s woodcuts were used in not be regarded just as thrift crafts worked in a trade literature, featuring slaves to advertise Best climate of poverty and need, and that often items, Virginia tobacco. W H Pyne’s Costume of Great Britain particularly during the early part of the nineteenth (London 1804) may well have provided inspiration century, were worked because they were fashionable for the different occupations, which appeared on crafts of the time. She also informed us that the the coverlet. A number of early children’s primers availability of printed newspapers in fashionable and alphabets in the John Johnson Collection at the households gave women, despite the lack of a formal Bodleian Library illustrated similar characters from education, an opportunity to discuss world issues. everyday life. Ann West would also have drawn upon The imagery, which Ann West used, was important her own life’s experience of the people who lived and in the context of British History nationally, and the worked around her, the Nurse and Child, Swineherd, representation of current affairs at the time. Auctioneer, Milkmaid, Distressed Widow, Coachman, Appliquéd figures illustrated Caffrs, a terminology and Gardener, to name only a few. specific to South Africa, which became British in 1806. The Negro Servant and Master could well relate to the The expert adviser concluded that the Ann West Abolition of Slavery in 1807, which would indicate a coverlet was a unique English textile treasure and knowledge and awareness, on the part of Ann West, a superb example of English folk art at its very best. of anti-slavery propaganda issues of the period. The It provided new information on the history of Poor Sailors might have portrayed the after effects English quilting and coverlets unavailable from of the Napoleonic Wars, as indeed might the stylish any other source. soldiers in their smart red uniforms. The applicant agreed that the coverlet met the second The expert adviser considered that the coverlet was and third Waverley criteria. important in terms of our cultural and social history, in that it represented a depiction of human figures We heard this case in November when the coverlet from all walks of life, dressed in the costume of the was shown to us. We found that it met the second period. These appliquéd figures replicated in great and third Waverley criteria. We recommended that detail the history of costume of ordinary working folk the decision on the export licence application should of the early 1800s, a period when there were few be deferred for an initial period of two months to illustrations of the common people and their allow an offer to purchase to be made at the fair Export of Objects of Cultural Interest 2006-07 59
matching price of £34,450 excluding VAT. We further The expert adviser informed us that Mary Hamilton recommended that if, by the end of the initial deferral (1756-1816) held a post in the household of the period, a potential purchaser had shown a serious daughters of George III, was held in great affection intention to raise funds with a view to making an offer by the royal children and her fellow courtiers and, to purchase the coverlet, the deferral period should for several months, had to negotiate the difficulty be extended by a further two months. of the sixteen year old Prince of Wales’ passionate infatuation with her. Her wide circle of friends During the initial deferral period, we were informed included the bluestockings Elizabeth Carter, Elizabeth of a serious intention to raise funds to purchase Montague, Hannah More and Fanny Burney, as well as the coverlet by the Victoria and Albert Museum. Samuel Johnson, James Boswell and Horace Walpole. A decision on the export licence application was deferred for a further two months. We were The expert adviser considered that Mary Hamilton’s subsequently informed that the coverlet had been archive contained a large amount of important and purchased by the Victoria and Albert Museum with as yet unstudied material about her social, cultural assistance from the Contributing and Life Members and intellectual activity. Although excerpts from of the Friends of the V&A. the diaries had been published by her great- granddaughters Elizabeth and Florence Anson, the expert adviser estimated that about two thirds of the Case 17 diaries had never been published. The expert adviser DIARIES, CORRESPONDENCE considered the archive was likely to give Mary AND MANUSCRIPT VOLUMES OF Hamilton a greater prominence than she had MARY HAMILTON previously enjoyed once it was more studied. This archive consists of about 1200 pages of diaries, some bound in sheepskin and some in wrappers, The subject matter in the archive was very wide- chiefly covering the period 1782-1785. The ranging, including social events, from the court to correspondence consists of upwards of 3000 pages the bluestocking gatherings, with conversation of letters and notes sent to Mary Hamilton by reported in some detail, politics, a great variety relatives and friends. There are also six manuscript of reading, comment on prevailing philosophies, volumes containing copies of verses, letters, morality, social issues and fashion, the conduct of sermons and other items. the court and royal family, visits to see inventions and curiosities (including a detailed account with a The applicant had applied to export the archive to picture of Lunardi’s balloon), visits to exhibitions and the USA. The value shown on the export licence the studios of portrait painters, musical performances application was £123,500, which represented the and the theatre. The archive gave a remarkably hammer price at auction plus auctioneer’s premium complete picture of the day-to-day lives and and dealer’s commission. preoccupations of fashionable and cultivated eighteenth-century Londoners. The Head of Modern Historical Manuscripts at the British Library, acting as expert adviser, had The adviser considered that there was much in the objected to the archive’s export under the third archive that would be of particular interest for Waverley criterion, on the grounds that it was of researchers into reading and the reception of books. outstanding significance for the study of the social She also thought the passages on the diaries which and cultural history of the eighteenth and early dealt with relations with servants would be of interest nineteenth centuries. to historians seeking evidence of the experience of women in service. 60
The expert adviser said that the extensive sequences was true of old Bet Carter. She was a fine old Slut, of letters from Mary Hamilton’s fellow courtiers though bearing not the least resemblance to a Lady Charlotte Finch, Louisa Cheveley, Miss Planta, Woman. She had more the appearance of a fat Priest Charlotte Gunning, Miss Goldsworthy and others, had of the Church of Rome than an English Gentlewoman.’ not been previously published, and considered that they gave a real sense of court life as it was lived at a In conclusion the expert adviser argued that this royal household by those for whom it was a livelihood. extensive and closely interconnected archive was of The letters of a number of friends named frequently outstanding importance for the cultural and social but only in passing in the diary were present in great history of its period, and that a great variety of numbers, and with a much longer time span, so that material of value for research remained in it that each completed the other’s picture of a whole social was as yet unused by historians. and cultural network. The applicant stated that the archive, when intact, The adviser highlighted a number of excerpts to formed the basis of Mary Hamilton … at Court and at give a sense of the range of reference and frank Home: from her Letters and Diaries, published in 1926 and sometimes startling comment. These included by her great-granddaughters Elizabeth and Florence Lady Harpur’s vivid pen-sketch of Emma Hamilton. Anson. Unfortunately much important correspondence ‘I expected much elegance of figure and manner. had since been sold. A series of 78 love letters from an She has neither, is tall, and very large, has good infatuated sixteen-year-old Prince of Wales (with 60 eyes and teeth, & much cheerfulness and expression draft replies), April to December 1779, was sold in of countenance, of an open disposition, was not 2005. Other items from the archive that had since in the least embarrassed, yet behaved with propriety, been sold included seventy letters from Hannah More, too much dress, more a striking figure for the stage nine letters from Fanny Burney (one note was still than the elegance of good taste, but very decent, present), 50 letters from Mrs Delany (a few notes her neck much covered & long sleeves, a kind of were still present), and letters from Mrs Garrick (nine Turkish dress … I believe she constitutes his [Sir letters were still present). Furthermore 107 letters William’s] happiness’. of Elizabeth Carter were sold in 2005, three letters of Emma Lady Hamilton were sold in 1927 and 24 There was also an account by Court Dewes (one of of Horace Walpole were also sold, leaving only one Mary Hamilton’s many suitors) of Fanny Burney at her scrap behind. The applicant acknowledged that the court duties: ‘Miss Burney so far from being oppressed archive still contained one folder of letters from as I thought she would be by her new offices seems Queen Charlotte and the princesses, and four from the better for it, I never saw her in better looks or other governesses and friends at Court and stated spirits … she makes tea for and entertains the that this was the most interesting part of the surviving company with more ease and freedom than I expected correspondence. from her’, and Mary Hamilton’s own view of Fanny Burney’s latest novel, Cecilia, ‘I think it will be a The applicant stated that the 12 pamphlet diaries, good lounging book for you’. which extended only from Mary Hamilton leaving Court in 1782 to her marriage in 1785 had been One of the many frank, gossiping letters of Francis, extensively quoted in the Ansons’ biography. The Lord Napier, gave an irreverent view of the arch- rest of the surviving correspondence was dominated bluestocking Elizabeth Carter (of whom an awestruck by letters from her husband John Dickenson and Mary Hamilton wrote in her diary, ‘she is I imagine the his family (two folders), the seventh Lord Napier ‘The lines [of verse]… say nothing more than what (her guardian) and the eighth Lord (four folders), Export of Objects of Cultural Interest 2006-07 61
and miscellaneous other relatives and friends Case 18 (fourteen folders). The applicant considered this A PAINTING BY JOHN CONSTABLE, was interesting but not of great importance. FLATFORD LOCK FROM THE MILL HOUSE The applicant stated that were the archive complete, The painting is oil on canvas and measures 61 x 50.8 it would almost certainly qualify under the third cm. It records features of the local landscape and Waverley criterion as of outstanding significance the workings of the lock at Flatford. for the study of the social and intellectual life of the Court and upper-class late eighteenth-century The applicant had applied to export the painting London. What remained was interesting, but no to Brazil. The value shown on the export licence longer of that stature. application was £2,850,000, which represented the applicant’s conversion of the price agreed with a We heard this case in November when the archive was private buyer in dollars ($5,150,000). However, the shown to us. We found that it met the third Waverley Financial Times gave a commercial exchange rate from criterion. We recommended that the decision on the dollars to pounds on the date of the sale agreement export licence application should be deferred for an which provided a sterling equivalent of £2,788,003. initial period of two months to allow an offer to This price was agreed by the Committee and the purchase to be made at the fair matching price of owner’s representative as a fair matching price. £123,500 (excluding VAT). We further recommended that if, by the end of the initial deferral period, a The Curator of eighteenth and nineteenth-century art potential purchaser had shown a serious intention at Tate, acting as expert adviser, had objected to the to raise funds with a view to making an offer to painting’s export under the third Waverley criterion purchase the archive the deferral period should be on the grounds that it was of outstanding significance extended by a further three months. for the study of the work of John Constable, in particular for documenting an important phase of During the initial deferral period, we were informed plein-air painting in his early career, and for the of a serious intention to raise funds to purchase the study of canal history and archaeology. archive by the John Rylands University Library, the University of Manchester. A decision on the export The expert adviser said that together with J M W licence application was deferred for a further three Turner, Suffolk-born artist John Constable was one months. We were subsequently informed that the of England’s greatest landscape painters and a key archive had been purchased by the John Rylands figure in British and European Romantic art of the University Library with assistance from the MLA/V&A early nineteenth century. He was a slow developer, Purchase Grant Fund, the Pilgrim Trust, the Friends and the first half of his career – from which Flatford of the National Libraries, the Society of Dilettanti Lock from the Mill House dated – was punctuated Charitable Trust, the National Heritage Memorial by distinct phases of experimentation and artistic Fund and the Friends of the John Rylands. changes of course. It was only in recent years that the progression of his early career had become much better understood. This was chiefly because a number of key finished pictures dating from this period had only resurfaced recently, whether previously lost or else unrecognised as works by Constable’s hand. 62
Flatford Lock from the Mill House first emerged on the The expert adviser explained that Constable’s pictures London market in the late 1980s as an unattributed produced in the period 1814-17 were almost entirely British picture. It was not assigned to Constable painted on the spot, they rarely depended on until 2004 since when the attribution has remained preliminary sketches and for this reason each one was unchallenged. It was first published in the catalogue a more or less unique image. Flatford Lock from the accompanying the 2006 exhibition Constable: Mill House had no related studies and showed a the Great Landscapes where it was argued that it particular corner of the landscape close to Flatford documented the highly important moment in 1814 Mill and Lock that was undocumented in the rest when Constable first decided to embark on the of his work. Whilst it was true that, to some extent, practice of painting small to medium sized pictures Flatford Lock from the Mill House anticipated the in the open air. viewpoint of the later, more famous river Stour ‘six- footer’, The Lock of 1824, a comparison between the It was in response to complaints from the critics that two only revealed how much more in the way of his exhibited pictures were too broadly rendered that, natural and local detail Constable included in the for three years between 1814 and 1817, Constable earlier picture and to what extent the later six-footers decided to paint modest sized and carefully executed were studio recreations. pictures in the open air to improve his powers of finishing. A number of these works were exhibited at The expert adviser said that Constable’s faithful the Royal Academy and it seems likely that Flatford recording of a number of apparently modest details – Lock from the Mill House was shown at the Academy such as wild flowers and trees and the ploughed in 1815, for two pictures Constable submitted that furrows of the site of the vegetable garden that would year under the general title of ‘Landscape’ were yet have been tended by Constable’s own parents – to be identified. took on more poignancy when one bore in mind that he was recording the scenes of his childhood. The expert adviser considered that whether or not it was exhibited in his own lifetime, Flatford Lock from The expert adviser also considered that the pictures the Mill House contributed another significant layer which Constable painted in and around his father’s to an understanding of Constable’s short-lived plein- mill at Flatford were not just important for air painting campaign of 1814-17 that had long been documenting the different phases of his art or the regarded as of major importance in the emerging story scenery of his boyhood that inspired the famous River of naturalism in Western landscape painting. Although Stour ‘six-footers’ of his mature career, but also told for many years painters had been producing small us a great deal about the workings of the River Stour landscape sketches in oils in the open air, these itself. The section of the Stour from Sudbury to were generally only intended to serve as studies for Manningtree was a busy highway for river traffic in bigger pictures that would later be worked up in the the early nineteenth century before the construction studio. It was highly unusual for artists at this date of the railways. When Constable painted the comings to attempt to paint a finished picture out of doors and goings of the barges in and around the lock at that they might subsequently exhibit or sell. With Flatford, he was also recording the exact workings the possible exception of the Danish artist C W of the Stour, with its sluices, lock chambers and lock Eckersberg, Constable appeared to be the only mechanisms. His early pictures were particularly artist who adopted this practice with any regularity valuable in this respect due to the close attention until it was taken up by the Impressionists some he paid in them to accuracy of detail. fifty years later. Export of Objects of Cultural Interest 2006-07 63
In Flatford Lock from the Mill House, as well as During the initial deferral period, we were informed carefully recording the details of the lock chamber, of a serious intention to raise funds to purchase the Constable showed a curious wooden structure painting by Ipswich Museums Service. A decision resembling a well head, complete with a bell on on the export licence application was deferred for a a chain, which might have been a warning device, further four months. We were subsequently informed automatically operated to alert anyone downstream that Ipswich Museums Service had withdrawn their to expect a flood of water in the main river channel interest. An export licence was granted. when the lock gates were opened. The expert adviser considered this would be of significant interest for specialists in waterways and canal history as well as Case 19 researchers and enthusiasts of industrial archaeology. A PAINTING BY POMPEO GIROLAMO She also thought it of great interest in relation to BATONI, PORTRAIT OF ROBERT UDNY the narrative content of other important pictures The painting is oil on canvas and measures 99.7 x by Constable. 74.9cm. It shows Robert Udny in half-length before a parapet, holding a hat and gloves in his right hand The expert adviser said that the condition of the and a snuff box in his left. He is wearing a white frock painting was good, although there was evidence of coat and an orange waistcoat, both trimmed with gold some rubbing and repainting in the area of the sky. costume and the background has a column on the left and on the right the Temple at Tivoli – one of the sites The applicant did not consider that the painting met outside Rome which most serious visitors visited. the Waverley criteria. He did not believe it met the first Waverley criterion on the grounds that it had had The applicant had applied to export the painting no fame in the United Kingdom. He did not consider to Italy. The value shown on the export licence it was of outstanding importance for study on the application was £260,420, which represented the grounds that it was a picture of a site frequently hammer price at auction plus buyer’s premium. visited by the artist and the majority of studies and paintings of Flatford were in public collections. The The Assistant Curator of Baroque Paintings at the applicant stated that Constable’s quintessentially National Gallery, acting as expert adviser, had English landscape was very accessible in the United objected to the painting’s export under the third Kingdom and little seen abroad. Waverley criterion on the grounds that it was of outstanding significance for the study of the work We heard this case in November when the painting of Pompeo Batoni. The expert adviser considered was shown to us. We found that it met the third that the painting’s excellent quality in execution and Waverley criterion. We recommended that the the sensitively captured likeness of the sitter made decision on the export licence application should be it one of Batoni’s finest half-length portraits. deferred for an initial period of two months to allow an offer to purchase to be made at the fair matching The expert adviser informed us that Robert Fullarton price of £2,788,003 (excluding VAT). Udny (of Udny and Dudwick, Aberdeenshire), was a successful West Indian merchant who made his We further recommended that if, by the end of the fortune by trading sugar from the West Indies. A man initial deferral period, a potential purchaser had shown with scholarly interests, he was a fellow of the Society a serious intention to raise funds with a view to of Antiquaries and in 1785 was elected to the Royal making an offer to purchase the painting, the deferral Society. Udny collected principally Italian Old Master period should be extended by a further four months. paintings and assembled a particularly distinguished 64
collection of drawings. The portrait was commissioned to art history were readily accessible and in the by Udny while visiting Rome in 1770, and remained public domain. with his family until it was sold in July 2006. We heard this case in November when the painting The expert adviser stated that unlike so many of was shown to us. We found that the painting was Batoni’s British sitters who visited Italy in early interesting, but was not of such outstanding manhood, Udny was already 48 at the time he sat significance that it met the Waverley criteria. for the artist. Batoni would have been aware of An export licence was therefore issued. the importance of satisfying his client, as Udny’s Aberdeenshire links must have meant that he knew two key members of the foreign community in Rome, Case 20 the Abbé Peter Grant, influential in Papal circles, A PAINTING BY JAN LIEVENS, SELF and James Byres of Tonley, doyen among ciceroni. PORTRAIT The painting is oil on panel and measures 42 x 33cm. The expert adviser considered that the portrait It is an early self-portrait by the Dutch artist Jan Lievens. demonstrated that even at a time when Batoni was known to have been fully stretched by commissions The applicant had applied to export the painting to from patrons as important as the Emperor Joseph II, the USA. The value shown on the export licence he had the artistic energy to paint this fluent and application was £1,850,000, which represented the sympathetic portrait of a discerning Scottish visitor price at which the painting had been sold. to Rome. Udny owned the Leonardo cartoon The Virgin and Child with Saint Anne and Saint John the The Curator of pictures pre 1800, the Wallace Baptist, now on display in The National Gallery, and Collection, acting as expert adviser, had objected was a discerning collector of great significance in the to the painting’s export under the second and third history of British collecting. This portrait by Batoni Waverley criteria on the grounds that it was of was an important record of him. The painting was in outstanding aesthetic importance and that it was good condition in spite of a slightly flattening relining. of outstanding significance for the study of the work of Jan Lievens. The applicant said that the departure of the painting from Britain would be almost entirely unmissed The expert adviser explained that Lievens’s work because it had remained in private collections of had often been overshadowed by that of his the sitter’s family and had never been publicly seen. contemporary, Rembrandt, with whom he was closely The sitter’s contribution to British history was associated from 1625 to 1631, yet his early work was negligible, and the fact that the name Udny carried considered by many to be every bit as powerful as some resonance in art history was due not to the Rembrandt’s. This picture dated from precisely that sitter, Robert, but to his younger brother John. early period. Lievens and Rembrandt worked closely Furthermore, Batoni was popular with British Grand together in Leiden, possibly sharing a studio, and from Tourists and was very well represented in British 1628 repeatedly painted portraits of each other. collections. Although the painting was a very fine Constantine Huygens the Elder, writing about the work in excellent condition, it did not stand within two artists, 1629-31, praised the two young painters the first rank of Batoni’s works, and could not be highly and compared their talents favourably, praising called outstanding in general artistic terms. As there Lievens in particular for invention, design daring were more than 50 works by Batoni in British public subjects, his strength of mind, maturity and sense collections all aspects of his work and contribution of judgement. During this period Lievens’s colouring Export of Objects of Cultural Interest 2006-07 65
became increasingly monochromatic while he were a number of losses and re-paints that would experimented, alongside Rembrandt, with daring probably become more apparent if the picture was painterly effects and textures, such as the scratched-in cleaned. The applicant stated that whilst it would be golden curls in this portrait. The expert adviser ‘nice’ to add this picture to the corpus of Lievens’ considered that the fine state of preservation of the work already in this country, it was not of outstanding Self-Portrait made it an excellent example of this significance. There were already portraits by the artist high point in Lievens’s career. in national collections such as the ‘Young Man’ in the National Gallery of Scotland, the Portrait of Maarten What made the picture, an outstanding aesthetic Tromp at Greenwich and the similar early Self Portrait object in itself, all the more exciting, was the at Dulwich. The National Gallery in London was also possibility that the portrait may have been painted well served with paintings by Lievens, such as the at around the time Lievens himself came to England, Landscape with Tobias and the Angel, the Portrait of probably in 1632, aged 25. The Lievens scholar, Anna Maria Schurman and most significantly by the Sumowski, pointed out that the fluid brushwork of magnificent Self Portrait (96 x 77cm) which also the face, somewhat in contrast to the meticulous included a splendid landscape in the background. texturing of the hair, actually owed much to the There were also numerous pictures by Lievens in example of Flemish painting of the period, in private collections, possibly because he worked particular to the work of Van Dyck, who was himself in London (1632-1635), such as the Portrait of in England at the time of Lievens’s visit. We also know Rembrandt’s Mother at Burghley House and the that the two artists knew each other, as Van Dyck Scottish National Portrait Gallery has his Portrait painted Lievens’s portrait (untraced), which, engraved of Sir Robert Kerr. The applicant considered that the by Vosterman, was included in The Iconography retention in this country of the Self Portrait under (c.1632-44). There were scarcely any known dated discussion would add nothing to our knowledge of works from this period in Lieven’s career and it was Lievens himself, his working techniques or his oeuvre. possible that the picture was painted in England and Much had already been written about the artist, had stayed in this country ever since. The Self-Portrait particularly his ‘wet-in-wet’ technique by applying was thus, not only a moving depiction of the young the hard end of the brush in to the paint (hardly Lievens painted in his most engaging manner, but also apparent here) and his method of painting the hair a wonderful testimony to the international artistic which was ably demonstrated both here and in links between England and the Netherlands in the the other paintings. seventeenth century. The painting was described as in excellent condition and signed in monogram. We heard this case in December when the painting was shown to us. We found that the painting did not The applicant did not agree that the painting met the satisfy any of the Waverley criteria. An export licence Waverley criteria. He did not consider that it met the was therefore issued. first Waverley criterion as it was totally unknown until at least 1953 and probably 1957. While well painted he did not consider that the painting could be Case 21 described as of ‘outstanding’ aesthetic significance. A PAINTING BY KAREL VAN MANDER The face was certainly well painted, but did not sit THE ELDER, THE CRUCIFIXION very well in the composition and gave the impression The painting is oil on oak panel and measures 67 x of being squashed in to the neck and shoulders of the 117.5cm. It is signed and dated Kvmander/1599. body, or at least of the shoulders being hunched. The The applicant had applied to export the painting to condition of the picture was generally good but there Belgium. The value shown on the export licence 66
application was £465,800, which represented a Netherlands for religious reasons and ending his life in private treaty sale purchase price of £400,000 plus poverty in Haarlem. The expert adviser said that van a buyer’s premium of £56,000 and VAT on the buyer’s Mander stated in the Schilderboeck that art should premium of £9,800. Restoration costs of £5,085 not blindly follow nature, but should be morally had been incurred since the since the time of the instructive, so it was fascinating to be able to see purchase and the current value of the painting was these theories conveyed in practice in his Crucifixion. therefore £471,775. The applicant stated that the painting was not closely The Curator of Pictures pre 1800 at the Wallace connected with our history and national life as Karel Collection, acting as expert adviser, had objected van Mander did not have any connection with the to the painting’s export under the third Waverley United Kingdom in his lifetime and drew heavily on criterion on the grounds that it was of outstanding his Flemish origins for his influences. Although the significance for the study of Dutch art in the painting was a fine example of Karel van Mander’s Golden Age. oeuvre he was not generally considered an artist of outstanding aesthetic importance. He was much more The expert adviser stated that van Mander was known prolific as a draughtsman and his designs were far primarily as the author of the Schilderboeck (published better known from engravings made from his drawings 1604) which consisted of a vivid series of biographies than from his paintings. The Crucifixion was unlikely to of Italian and Northern European artists, plus advice qualify as a painting of outstanding significance for on the practice of painting. It provided an invaluable study when compared to the other highly important resource for the understanding of artistic theory early Netherlandish paintings in national collections. and practice in the sixteenth and seventeenth centuries. Although he was prolific as a draughtsman We heard this case in December when the painting and his designs were frequently engraved, van was shown to us. We found that it met the third Mander’s paintings were extremely rare – there Waverley criterion. We recommended that the were approximately only 30 surviving works. decision on the export licence application should be The Crucifixion was of particular interest because deferred for an initial period of two months to allow of its scope, ambition and academic approach and an offer to purchase to be made at the fair matching would provide an extremely useful example within price of £461,085 excluding VAT (£471,775 including the context of a larger collection of Northern VAT). We further recommended that if, by the end of landscape painting to help explain some of the major the initial deferral period, a potential purchaser had artistic preoccupations of the time. It could be seen shown a serious intention to raise funds with a view as a pictorial manifestation of van Mander’s theories to making an offer to purchase, the deferral period that combined references to many of the major should be extended by a further three months. traditions and influences in Flemish landscape painting at the end of the sixteenth century. It recalled works At the end of the initial deferral period, no offer to by Breughel, Lucas van Leyden and Jacques de Gheyn purchase the painting had been made and we were and also raised questions about the artist’s personal not aware of any serious intention to raise funds. faith and the depiction of religious imagery during a An export licence was therefore issued. very troubled period of political and religious turmoil in the Netherlands at the end of the sixteenth century. Indeed, the troubles forced Van Mander, who was born in Meulebeke near Courtrai, to lead a peripatetic life in Flanders, eventually fleeing the Southern Export of Objects of Cultural Interest 2006-07 67
Case 22 mythological or allegorical pieces by him recorded A BRONZE STATUETTE AFTER PIERRE in the eighteenth century have subsequently LEGROS THE YOUNGER, MARSYAS disappeared, but the Marsyas, known in marble and bronze versions, was evidently a much sought-after The statuette, which is bronze and measures 62.2cm item by collectors. Legros had an extremely high in height, shows the satyr Marsyas with his bent right reputation in early eighteenth-century Britain, and arm upraised behind him, and his right leg bent at the his late baroque style helped frame the taste of knee, bound to a tree trunk at the wrists and waist, his both aristocratic collectors and artists. pan-pipes resting beside his left hoof. A lion-skin cloak is draped around the tree. The expert adviser stated that the statuette was one of thirteen bronzes bought by Thomas Parker, 1st Earl The applicant had applied to export the statuette to of Macclesfield (1666-1732) from John Smibert (1688- Liechtenstein. The value shown on the export licence 1751) on 15 July 1723, for a total of £300. They were application was £850,000, which represented the owned by descent through the family until sold in agreed sale price. 2005. Lord Macclesfield was an eminent lawyer and Whig politician, who was Lord Chief Justice from The Director of Collections at the Victoria and Albert 1710 to 1718, and Lord Chancellor from 1716 to 1724. Museum, acting as expert adviser, had objected to In 1725, however, he was impeached on corruption the statuette’s export under the second and third charges, fined £30,000, and imprisoned for six months Waverley criteria on the grounds that it was of in the Tower of London until payment was received. outstanding aesthetic importance and that it was He spent the remainder of his life at his country seat, of outstanding significance for the study of baroque Shirburn Castle, Oxfordshire, where he is buried. bronzes and the work of Pierre Legros the Younger.
The Marsyas was the first known work by Pierre Legros The expert adviser informed us that the bronze was to be recorded in Britain: it was noted as by ‘Mons. based on a model by Pierre Legros the Younger (1666- De Gros’ on the invoice of 1723. The vendor, John 1719), who was born and trained in Paris but worked Smibert, was a Scottish painter and dealer, who had almost exclusively in Rome. He was the leading been in Italy from 1719 to 1722; he had there met Lord representative of a generation of baroque sculptors Macclesfield’s son, the Hon. George Parker (c.1697- in Italy in the late seventeenth and early eighteenth 1764), who was on the Grand Tour from 1719 to 1722. centuries, and was arguably the most important sculptor working there since Bernini. Legros trained The story behind the statue was derived from Ovid’s under his father, Pierre Legros the Elder (1629-1714), Metamorphoses; Marsyas unwisely competed with a royal sculptor who had executed much of the garden Apollo in a musical contest, the victor being able to statuary at Versailles. Legros the Younger went as a inflict whatever penalty he chose on the loser. Apollo student to the French Academy in Rome in 1690, won, and decreed that Marsyas should be tied to a from 1695 working as an independent sculptor, and pine tree and flayed. Here the satyr was seen shortly achieving renown virtually immediately. Apart from a before the flaying commenced, his face contorted in possible brief visit to Paris from 1715 to 1717, he was agony in anticipation of the punishment. The size based in the Eternal City for the whole of his career. of the piece was appropriate for an interior setting, There he executed a number of monumental marble but was nevertheless substantial. It was the expert and bronze works for churches and basilicas, including adviser’s opinion that the quality of its casting, seen the dramatic marble group Religion overcoming both in the subtle variations of surface, and in the Heresy, made for the chapel of St Ignatius at the Gesú hollow interior and the even thickness of the walls, in Rome dating from 1695-99. Other comparable 68
strongly suggested this bronze was cast in Rome. an offer to purchase to be made at the fair matching price of £850,000 (excluding VAT). We further The expert adviser considered the statuette to be recommended that if, by the end of the initial deferral an outstanding example of an Italo-French bronze, period, a potential purchaser had shown a serious both in terms of its superbly constructed spiral intention to raise funds with a view to making an composition, recalling the earlier work of offer to purchase the statuette, the deferral period Giambologna, and the vigour and passion with which should be extended by a further three months. the mythological story was conveyed through a single figure. Depending from Legros’s original design and At the end of the initial deferral period, no offer to model, it must have been cast in one of the many purchase had been made and we were not aware of thriving Rome foundries of the early eighteenth any serious intention to raise funds. An export licence century. The technical features were of the highest was therefore issued. quality: the casting and chasing, seen for example on the tree trunk and the texture of the rope tying the satyr, as well as the sensitively observed facial Case 23 expression, along with the rich golden patina, AN EIGHTEENTH-CENTURY testified to the exceptional importance of this piece. EMBROIDERED MAN’S BANYAN AND WAISTCOAT The expert adviser also stated that it was one of the The matching man’s gown and waistcoat have been first baroque bronzes to arrive in Britain, and the constructed from an earlier late seventeenth century earliest known work by Legros the Younger to enter Indian hanging or bed cover, which had been exotically a collection here. Lord Macclesfield amassed a highly embroidered in a bold ‘tree of life’ type design. important collection of works of art, particularly bronzes, as well as a great library at Shirburn Castle. The applicant had applied to export the waistcoat This was one of the finest pieces in his collection, and banyan to the USA. The value shown on the by a renowned modern artist, one of the great original export licence application was £18,525 but successors to the tradition of Bernini and Algardi a subsequent application was submitted with the in Rome. It was highly prized from the time of its value of £21,427.09. At the meeting the applicant acquisition, being displayed with Lord Macclesfield’s explained that the correct value was £21,525, which other sculptures in a specially constructed gallery represented the hammer price at auction, buyer’s at his country seat, an early example of a sculpture premium, VAT on the buyer’s premium and dealer’s gallery in this country. Legros’s French origins and commission on a sale to a third party. training were also of paramount importance: the Marsyas in many ways signified the birth of the The Principal Curator of Textiles, Gallery of Costume, British taste for eighteenth-century French bronzes. Manchester City Galleries, acting as expert adviser, had objected to the waistcoat and banyan’s export The applicant did not disagree that the statuette met under the third Waverley criterion on the grounds the Waverley criteria. that it was of outstanding significance for the study of dress history. We heard this case in January 2007 when the statuette was shown to us. We found that it met the The expert adviser explained that banyans or gowns third Waverley criterion. We recommended that the were fashionable for men for a very long period decision on the export licence application should be stretching for 150 years from the late seventeenth deferred for an initial period of two months to allow to the early nineteenth centuries. They became an Export of Objects of Cultural Interest 2006-07 69
integral part of the male wardrobe. Their popularity collection. The Victoria and Albert Museum has similar stemmed from their looseness and informality, Indian embroidered textiles with lavish scrolling which enabled men to appear in public with far less tamboured flowers and fruit, but nothing made up restrictions, and to leave off their heavy wigs and into a Western garment. coats. Instead it became socially acceptable to receive guests or conduct business domestically, whilst The expert adviser considered that the gown with its wearing a nightcap to cover the head and a gown over accompanying waistcoat formed a very dramatic and the shirt or waistcoat to replace the coat. A relatively intriguing ensemble. The cream cotton grounds were untailored garment was thus adopted throughout very richly embroidered in chain stitch with scarlet, British society as a way to relax and to avoid some blue and purple exotic fruits and flowers, which were of the rigidity of men’s daywear. It also reduced the attached to rather spiky greeny-blue leaves, all edged amount of wear and tear on the extremely expensive and joined with scrolling stems in lustrous tamboured suits and heavy wigs, which were difficult to clean metal thread. He stated that the Indian hanging or and easy to crease or damage. The style became bedcover was made sometime between the very late immensely popular in England after the Restoration, seventeenth and the early eighteenth centuries, so and by the early 1680s, Charles II and his Queen that by the mid to late eighteenth century it would both had specific ‘Indian Gowne makers’. During not have been seen as too new to be cut up and the first half of the eighteenth century, stylish men re-made into a garment. Had it been a recent costly often sat for portraits dressed in banyans in order import from the East, it was harder to imagine it to present a rather less formal, and more relaxed being so re-used. Making-up this banyan from an ‘artistic’ appearance. embroidered hanging encrusted with metal thread embroidery seemed to conflict with the required loose Some of these banyans or ‘Indian gowns’ were made and informal nature of the garment, but many up in Britain in a fitted style out of imported Indian of the later eighteenth century gowns were more fabrics, as this one may have been. Others were fitted and structured than the earlier examples, and imported ready-made from India. Some gowns had thus not as light-weight. Indeed, this gown had matching waistcoats or attached waistcoat fronts. almost certainly been constructed in Europe, probably Reflecting the popularity of the style, there are England, and used a range of materials for interlining, consequently at least 22 banyans in British collections. again forming a thicker, somewhat padded garment. However, although a number of British collections include men’s banyans, they are all either woven silk The banyan and waistcoat exemplified both the or printed/painted cotton or linen. There was a record extravagance of eighteenth-century menswear, and only of a single embroidered Indian example, in also the fertile cross-fertilization between Eastern the Leicestershire County collection, but this other and Western textiles and embroidery. The final example dated later, from around 1800, and has garments exhibited the fashionable flamboyance meandering Rococo style embroidery, not the bold beloved of the English gentleman or intellectual in the floral dramatic Baroque design on the banyan in mid-eighteenth century, and in this case they flaunted question. The Leicester banyan was embroidered a strikingly Eastern or ‘Oriental’ taste. The items were specifically for the Western market whereas this in good condition, although there may have been waistcoat and banyan were made from a textile some re-grounding in the eighteenth century, prior or embroidered for the Indian market, and then re-used. during the making up of the gown and its waistcoat. This banyan was a unique use of Indian embroidery The cream silk lining was distressed at the collar and in a later man’s garment, and there appeared be shoulders, and there was some staining of the ground. nothing remotely akin to it in any British museum 70
The applicant did not agree that the waistcoat and second Waverley criterion. We recommended that the banyan met the Waverley criteria. The applicant was decision on the export licence application should be of the opinion that the items had no historical or deferred for an initial period of one month to allow an geographical association with the United Kingdom and offer to purchase to be made at the fair matching they were of continental cut and manufacture and price of £21,000 excluding VAT (£21,525 including were composed of fabric from an Indian floor spread, VAT). We further recommended that if, by the end of probably originally made for the Dutch market. the initial deferral period, a potential purchaser had shown a serious intention to raise funds with a view to The applicant considered that the banyan and making an offer to purchase the waistcoat and waistcoat were of interest to dress and textile banyan, the deferral period should be extended by a historians, but that the present condition of the pieces further three months. meant that their aesthetic importance was limited. The applicant reported that there were areas of During the initial deferral period, we were informed extensive water staining, perspiration marks, darning of a serious intention to raise funds to purchase the and the garments were extremely fragile with the items by the Victoria and Albert Museum and the entire silk taffeta lining being brittle and shattered. Burrell Collection. A decision on the export licence application was deferred for a further three months. The applicant reported that there were both ladies’ We were subsequently provided with satisfactory and gentlemen’s un-dress garments made from Indian proof that the banyan and waistcoat had been printed cotton in several United Kingdom collections imported to the UK within the past fifty years. of superior quality and condition to these examples. An export licence was therefore issued. In the applicant’s opinion the principal interest in this banyan was the fact that it was an example of re-cycling. However, this suggested that there had Case 24 been significant damage to the original textile – the A ‘JADEITE’ NEOLITHIC AXE-HEAD mended Indian floor-spread was then cut up and FROM STURMINSTER MARSHALL, re-used to make the banyan and waistcoat – and DORSET although these changes were of interest to textile The mottled green ‘jadeite’ axe-head, which measures historians, they were not of outstanding significance 19.2cm, is of flat triangular form. It is highly polished to dress scholarship. Mending and re-working old but to a mirror-like sheen and had a curved cutting edge. originally expensive textiles was common throughout One face of the axe has been inscribed in white paint the eighteenth and indeed nineteenth-centuries. with: ‘Newton Peverill’ and running beneath it ‘Sturminster Marshall Presented by Mrs Cartwight’. We heard this case in January when the waistcoat and banyan were shown to us. We agreed that the fabric The applicant had applied to export the axe-head to of which the garments were made was of outstanding the USA. The value shown on the export licence quality. Even if it had remained in its original state – as application was £24,000, which represented an a late seventeenth-century Indian bed hanging or bed agreed sale price. cover – it would have been important and valuable. The fact that it had been made into a waistcoat and The Keeper, Department of Prehistory and Europe at banyan increased its interest for study still further. the British Museum, acting as expert adviser, had We therefore found that the waistcoat and banyan objected to the axe-head’s export under the first and met not just the third Waverley criterion, as third Waverley criteria on the grounds that it was so recommended by the expert adviser, but also the closely connected with our history and national life Export of Objects of Cultural Interest 2006-07 71
that its departure would be a misfortune and that it was The expert adviser stated that the axe-head was of a of outstanding significance for the study of Neolithic type that was rare in Britain and particularly in Dorset. axe-heads, their social context and the part they played The status held by exotic axes in the Neolithic period in long-distance relations 6,000 years ago. gave it a powerful resonance in its local context, the more so as it seemed that such axes were already The expert adviser considered the ‘jadeite’ axe to be ancient heirlooms, having travelled from their distant a beautifully shaped and polished specimen, which source in the Italian Alps. In addition, its association showed off with considerable sophistication the with the famous museum founded by Lt-General tonalities and gradations of the fine hard stone from Pitt Rivers at Farnham greatly added to its intrinsic which it was manufactured. It had once formed part importance. The dispersal of that remarkable of the historic collection of Lt-General Augustus Pitt collection was a huge loss both to the local history Rivers, housed in the museum which he established of the region, and to the study of the pioneering days around 1885 at Farnham on Cranborne Chase to of English archaeology. display his own excavated finds as well as some of his diverse collections. Pitt Rivers was one of the This type of axe had for long been the subject of foremost archaeologists and anthropologists of his archaeological and petrological research; when the age, and the museum was a remarkable reflection of third supplement to the catalogue of jade axes from a pioneering archaeologist’s work and interests. It had the British Isles was published by Jones et al. in 1977, remained open until after the death of his grandson 104 were known. Ongoing research was adding in 1966 – most of the British collection went to the valuable new information about the various histories Salisbury and South Wiltshire Museum and the rest of these axes, their origin in identifiable quarry sites was dispersed. and their subsequent movement. It appeared that the farther they travelled from source, the more symbolic The expert adviser informed the Committee that axes significance they accrued. Small, workaday axes made of this type were relatively rare in Britain, but they from green stone were extremely common on the were of great significance. Brought into Britain from continent of Europe. It was the larger, thinner, the earliest Neolithic (c.4000 BC) they were already beautifully worked and highly polished examples ‘heirlooms’ having been made some centuries before, which had added value. Those reaching these shores from rock quarried from sources in the Italian alps. were likely to have been regarded as rare, precious The term ‘jadeite’ (with its inverted commas) was that and charged with meaning. The reappearance of this generally agreed to describe pyroxene jade while the splendid example would enable it to be available non-scientific term jade could be used for any of the for ongoing study and investigation, and thus to greenish axes regardless of exact composition. It was contribute to the scholarly and public understanding clear that these attractive rocks were highly regarded of these rare and beautiful objects, their social in prehistory. context, and the part they played in long-distance relations some 6,000 years ago. The Newton Peverill, Sturminster Marshall axe was examined by W Campbell Smith and published in his The applicant did not disagree that the axe-head met first list of British jade axes in 1963. Non-destructive the Waverley criteria. optical inspection suggested that it was ‘almost certainly pyroxene near jadeite’. It was also mentioned We heard this case in February when the axe-head by Piggott and Powell ((1948-9) in connection with was shown to us. We found that it met all three the discovery of a fragment of an example at the Waverley criteria. We recommended that the decision Neolithic tomb of Cairnholy I. on the export licence application should be deferred 72
for an initial period of two months to allow an offer and that it was of outstanding significance for the to purchase to be made at the fair matching price of study of the borough in the Medieval period. £24,000 (excluding VAT). We further recommended that if, by the end of the initial deferral period, a The expert adviser said the guild roll was the earliest potential purchaser had shown a serious intention to example of an important category of medieval record raise funds with a view to making an offer to purchase known to survive for Nottingham. From the the axe-head, the deferral period should be extended fourteenth century until the Reformation, guilds were by a further three months. central to the life of medieval towns and smaller population centres. They might combine mercantile, During the initial deferral period, we were informed of artisan, spiritual and social functions. The decline in a serious intention to raise funds to purchase the axe- population after the Black Death and the weakening head by Dorset County Museum. A decision on the of other institutions might have helped to influence export licence application was deferred for a further people towards this form of communal support, and three months. We were subsequently informed that membership was very widespread, including both the axe-head had been purchased by the Dorset men and women. Natural History and Archaeological Society for the Dorset County Museum with assistance from the The expert adviser said scholars were very interested National Heritage Memorial Fund and the MLA/V&A in the community aspects of early borough and parish Purchase Grant Fund. life, but there had always been a scarcity of source materials and particularly of early source materials on this subject. This meant the very early and hitherto Case 25 unknown guild roll of the guild of St Mary was of THE GUILD ROLL OF THE GUILD OF particular value. The medieval town of Nottingham ST MARY, NOTTINGHAM, 1371 was not large, with a taxable population in the fourteenth century of less than 1500 people, but its The guild roll naming the members of the ‘Gyld’ of Norman royal castle, dating from 1068, indicated that St Mary, Nottingham, on the feast of St. Michael, it was regarded as strategically important. For a town 1371, measures 13.8 x 12.5cm and consists of three like this, the growth of its urban life was of particular membranes sewn together. interest. Guild records provided one route into this area of study, being quite distinct from the usual The applicant had applied to export the guild roll surveys of urban growth that could be developed to the USA. The value shown on the export licence through studies of property ownership and records application was £7200, which represented the price of title deeds. Nottingham’s court rolls for the at auction for a group of three documents (made up fourteenth century, which were amongst the earliest of £6000 hammer price and buyer’s premium of surviving anywhere, were already a great strength £1200). The guild roll was one among these which of its early historical records and would enable were to be exported as a group. researchers to extract greater benefit from the evidence of the guild roll. The Head of Modern Historical Manuscripts at the British Library, acting as expert adviser, had objected The guild roll of St Mary named 167 members, a to the guild roll’s export under the first and third of significant number as a proportion of the population, the Waverley criteria on the grounds that it was so including both men and women, many with ranks, closely connected with the history and life of occupations and places of abode given. It was not Nottingham that its departure would be a misfortune only the earliest surviving document deriving from a Export of Objects of Cultural Interest 2006-07 73
Nottingham religious guild, but predated the earliest The applicant had applied to export the mount to reference to a religious guild in the borough records. the USA. The value shown on the export licence Its survival was also exceptional in a wider sense, since application was £4800. very little such material existed anywhere for the fourteenth century in England. The Keeper of the Department of Prehistory and Europe in the British Museum, acting as expert adviser, The expert adviser concluded that the roll therefore had objected to the mount’s export under the second represented an outstanding addition to an important and third Waverley criteria on the grounds that it was category of local record with an established context of outstanding aesthetic importance and of that as a for study. rare survival it was of outstanding significance for the study of 8th century Insular secular decorated silver The applicant did not disagree that the guild roll met work. Although functionally incomplete, the expert the Waverley criteria. adviser argued that it retained an iconographic integrity. Its brilliantly intricate workmanship and its We heard this case in March when the guild roll was playful and complex decoration related it to some of shown to us. We found that it met the first and third the finest late 8th/early 9th century Insular prestige Waverley criteria. We recommended that the decision metalwork in gilded silver. Animals whose tongues on the export licence application should be deferred for extend to become or interact with another creature an initial period of two months to allow an offer were prominent in this luxury metalwork, as was to purchase to be made at the fair matching price of dense surface treatment. Only a small number of £6,600 (excluding VAT). We further recommended that prestige weapon fittings with elaborate zoomorphic if, by the end of the initial deferral period, a potential decoration are known from this period and none purchaser had shown a serious intention to raise funds matches this piece in sheer complexity of detail on with a view to making an offer to purchase, the deferral such a miniaturised scale. period should be extended by a further two months. The applicant did not consider that the mount met We were subsequently informed that the guild roll the Waverley criteria. The applicant claimed that the had been purchased by Nottinghamshire Archives with mount was incomplete and that there were already assistance from the MLA/V&A Purchase Grant Fund two, more complete, parallels for the mount in UK and the Friends of the National Libraries. national museums. The first consisting of two silver- gilt scabbard-chapes from the St Ninians Isle hoard, Shetland, now held in the National Museums of Case 26 Scotland, Edinburgh, as well as an Anglo-Saxon silver- AN ANGLO-SAXON SILVER-GILT gilt runic mount terminating in an animal’s head, ZOOMORPHIC MOUNT found in the River Thames, now in the British Museum. This intricate silver-gilt mount takes the form of a We heard this case on 21 March when the mount was fantastic composite creature. It was probably the shown to us. We found that it met the second and chape-terminal from a scabbard fitting for an Anglo- third Waverley criteria. We recommended that the Saxon weapon known as the seax. The piece, which decision on the export licence application should be is 3.6cm in length, is made of predominantly deferred for an initial period of two months to silver/copper alloy, typical of some late 8th century allow an offer to purchase to be made at the fair metalwork. It was said to have been found near the matching price of £4800 (excluding VAT). We further Ridgeway, in the Newbury area of Berkshire. recommended that if, by the end of the initial deferral 74
period, a potential purchaser had shown a serious The expert adviser stated that this important intention to raise funds with a view to making an manuscript, from the collection of the late Lord offer to purchase, the deferral period should be Wardington, had not previously been available to extended by a further two months. scholars and had hardly featured in the literature on manuscript illumination of the period. The anonymous The applicant informed the Committee that the artist, known as the Bedford Master, was named after owner was not prepared to accept a matching offer John of Lancaster, Duke of Bedford, brother of King at the recommended price. The Committee therefore Henry V and regent of France, for whom the artist recommended that the licence application be refused produced the Bedford Hours now in the British Library. without a deferral period. This is in line with normal The Bedford Workshop was the foremost producer of practice in such circumstances as set out in the illuminated manuscripts in Paris for much of the first Guidance for Exporters of Works of Art and Other half of the 15th century. The identification of the Cultural Objects. Master’s hand, and the attribution of manuscripts to his collaborators, followers, imitators and successors had proved more than usually problematic and was Case 27 the subject of lively and ongoing research. Some of A FIFTEENTH-CENTURY the illuminations in the Wardington Hours are in ILLUMINATED MANUSCRIPT OF the style of the Dunois Master, who seems to have THE HOURS OF THE PASSION succeeded the Bedford Master as the leader of the Bedford Workshop. This manuscript which contains forty leaves plus five original flyleaves, measures 23.8 x 16.8cm. It contains The Wardington Hours contained the relatively rare eight large miniatures from the Bedford Workshop, Hours of the Passion; it was not a complete Book of the foremost producer of illuminated manuscripts in Hours in itself. It probably once formed part of a Book Paris for much of the first half of the 15th century. of Hours which is today in the Huntington Library in The subject of the miniatures are: The Betrayal of San Marino, California. Production of the manuscript Christ, Christ before Pilate, The Scourging of Christ, may have begun in the 1410s but not been completed The Way to the Cross, The Nailing to the Cross, until the 1440s; its original patronage is unknown. The Crucifixion, The Descent from the Cross and The Huntington and Wardington parts had certainly the Entombment. The text of the manuscript contains been detached by the 18th century at the latest (the the Hours of the Passion, in full, in Latin, with a few date of the present binding of the Wardington Hours rubrics in French, and prayers for use by a man. as an independent volume). The Wardington part belonged to the Parisian family of de Courgy in the The applicant had applied to export the manuscript 18th century; its earliest English owner was Henry to Germany. The value shown on the export licence Pomeroy, second Viscount Harberton (1749-1829). application was £635,200, which represented the auction price plus buyer’s premium. The Wardington Hours, with its eight large miniatures illustrating the story of the Passion, from the Betrayal The Curator of Medieval Manuscripts at the Bodleian of Christ to His Entombment, was a beautiful Library, acting as expert adviser, had objected to manuscript in its own right. The relative seclusion the manuscript’s export under the second and third in which the manuscript had dwelt may have Waverley criteria on the grounds that it was of contributed to the freshness of its condition and outstanding aesthetic importance and that it was of the brilliance of its colours. The Bedford style was outstanding significance for the study of manuscript one of delicacy and refinement and the figures were illumination of the early 15th century in Paris. Export of Objects of Cultural Interest 2006-07 75
expressive and full of vitality. The settings were assistance from the Art Fund, the Friends of the British equally distinctive, with their gently curving hills, Library, the Friends of the National Libraries and the dramatic mountain crags and complex architecture. Late Bernard Breslauer. The miniatures were full of action, but they did not thereby lose focus: the central drama and the attention to detail were held in a balance whose Case 28 perfection entitled them to be viewed as outstanding, AN EIGHTEENTH-CENTURY UNION even for a period often viewed as the high point of FLAG the illuminator’s art. This eighteenth-century Union flag measures 5.56 x 3.96m and is made of loosely woven hand sewn wool The applicant did not agree that the manuscript met bunting with a linen hoist. It is accompanied by an the Waverley criteria. Apart from the fact that it was eighteenth century canvas kit bag stencilled ‘Lieut owned by three relatively minor English collectors, Burgh, Royal Navy’. it had no association with English national life and had not been in England before the nineteenth The applicant had applied to export the flag to century. It was a 40 leaf fragment of a manuscript the USA. The value shown on the export licence (the residue of the book had recently been recognised application was £49,400, which represented the in the Huntington Library, California); and although hammer price at auction plus buyer’s premium, it had miniatures of very fine quality they were from plus VAT on the buyer’s premium. an extremely prolific Parisian workshop and in world terms they were not ‘outstanding’. It had only eight The Museum and Heritage Director of the Historic miniatures, compared with over a thousand in the Dockyard Chatham, acting as expert adviser, had Bedford Hours itself and many dozens in most objected to the flag’s export under the first and third manuscripts from the workshop. The subjects were Waverley criteria on the grounds that it was so closely religious and routine. It was not dated or signed and connected with our history and national life that its had no known medieval owner. The Bedford Master departure would be a misfortune and that it was of and his style were already extremely comprehensively outstanding significance for the study of flags. represented in British national collections. The expert adviser said the flag was a very large pre We heard this case in March when the manuscript 1801 pattern Union flag (ie prior to the addition of was shown to us. We found that it met the second the saltaire of St Patrick). It was complete and was Waverley criterion. We recommended that the in good condition for its age and construction. The decision on the export licence application should be accompanying kit bag added to its significance and deferred for an initial period of two months to allow proof of provenance. an offer to purchase to be made at the fair matching price of £635,200 (excluding VAT). We further The flag was flown as the ‘Command Flag’ of Admiral recommended that if, by the end of the initial deferral of the Fleet, Richard, Earl Howe, from the main mast period, a potential purchaser had shown a serious of his flag ship, the Queen Charlotte, during the intention to raise funds with a view to making an offer Battle of the Glorious First of June 1794. The flag to purchase, the deferral period should be extended by was passed down through the family of William a further four months. Burgh, in the canvas kit bag that bore his name. Burgh was a midshipman on board the Queen We were subsequently informed that the manuscript Charlotte during the battle and was promoted to had been purchased by the British Library with Lieutenant shortly afterwards. 76
The expert adviser stated that the flag was significant 400 miles west of Ushant so far away from land as an example of a Union flag flown at sea of the that it became celebrated by its date – rather than period 1606-1800. The design of the Union flag was location. Howe’s fleet broke the French line of battle adopted in 1606 as a symbol of the Union of England in three places sinking one ship, the Venguer du and Scotland following James I’s accession to the Peuple, capturing six others and damaging many more. English throne. It placed the cross of St George over It was portrayed and celebrated as a major naval that of Saint Andrew. The form in which the majority victory – confirming the might of British sea power of King’s ships came to fly the Union was a ‘Jack’ – at the start of the naval campaign that was to lead a small flag generally of square proportion, on a to Trafalgar. flagstaff rigged on the bowsprit at the front of the ship. A larger version however was flown as a Named after the Queen, the Queen Charlotte was Command Flag from the mast head of a fleet flagship one of the Navy’s newest First rates at the time of the denoting the presence of a senior Admiral. This flag battle, having been launched at Chatham Dockyard on was the only known example of a Union command the 15th April 1790. She saw action again in 1795, off flag to survive from this period. The expert adviser the Ille de Groix, and her crew was at the heart of the also stressed the flag’s importance as a command flag Spithead Mutiny of 1797. On the 17th March 1800 she for the Admiral of the Fleet commanding a fleet at sea caught fire and blew up off Leghorn with the loss of with direct associations to a highly important naval 690 men – one of the Royal Navy’s greatest disasters officer, a major British naval victory and a highly of the Age of Sail. significant ship of its time. The applicant did agree that the flag was so closely The flag’s close relationship to Admiral of the Fleet, connected with our history and national life that Richard, Earl Howe (Black Dick Howe) 1725-1799, its departure would be a misfortune. She did not added greatly to its significance. He was a legend consider that it was of outstanding aesthetic in the Royal Navy. It was said that he ‘never smiled importance because of its condition and construction. unless a battle was at hand’. Howe entered the The applicant also did not think that the flag in Navy in 1739 and was promoted to Captain in 1746. itself was of outstanding significance for study. He saw distinguished service during the Seven Years War (1756-63) and again during the American War We heard this case on 18 April after viewing the flag of Independence where he served as Commander in at Christie’s. We found that it met the first and third Chief in North America between 1776-8. Promoted to Waverley criteria and recommended that it should full Admiral in 1782 he returned to active service as be starred, meaning that every possible effort should Commander in Chief in the Channel. Following a spell be made to raise funds to retain it in the United as First Lord of the Admiralty he again took command Kingdom. We recommended that the decision on of the Channel Fleet in 1790 and in 1794, at the age of the export licence application should be deferred for 69, took his fleet into the first major naval battle of an initial period of two months to allow an offer to the French Revolutionary Wars. purchase to be made at the fair matching price of £48,000 excluding VAT (£49,400 including VAT). The Battle of the Glorious First of June 1794 was the We further recommended that if, by the end of the first fleet action of the French Revolutionary Wars. initial deferral period, a potential purchaser had shown Howe commanding the Channel fleet (25 ships of the a serious intention to raise funds with a view to line) brought the French fleet of Villaret-Joyeuse (26 making an offer to purchase the flag, the deferral ships) to a running battle over three days from the period should be extended by a further two months. 28th May to the 1st June. The battle took place over Export of Objects of Cultural Interest 2006-07 77
During the initial deferral period, we were informed of a serious intention to raise funds to purchase the flag by the National Maritime Museum. We were subsequently informed that the flag had been purchased by the National Maritime Museum during the first deferral period with its own acquisitions fund. 78 79
EXPORT of OBJECTS of CULTURAL INTEREST 2006-07
Appendices 80
Appendix A
History of export controls in the UK Current export controls The reasons for controlling the export of what are now The export controls are derived from both UK and known as cultural goods were first recognised in the EU legislation. The UK statutory powers are exercised UK at the end of the nineteenth and beginning of the by the Secretary of State under the Export Control twentieth centuries. Private collections in the United Act 2002. Under the Act, the Secretary of State for Kingdom had become the prey of American and Culture, Media and Sport has made the Export of German collectors and it was apparent that many Objects of Cultural Interest (Control) Order 2003. were being depleted and important works of art sold Export Controls are also imposed by Council abroad at prices in excess of anything that UK public Regulation (EEC) No 3911/92 as amended, on the collections or private buyers could afford. It was export of cultural goods. The control is enforced against this background the National Art Collections by HM Revenue and Customs on behalf of the Fund was established in 1903, to help UK national and Department for Culture, Media and Sport (DCMS). provincial public collections to acquire objects that If an item within the scope of the legislation is they could not afford by themselves. exported without an appropriate licence, the exporter and any other party concerned with the unlicensed Until 1939 the United Kingdom had no legal controls export of the object concerned may be subject to on the export of works of art, books, manuscripts and penalties, including criminal prosecution, under the other antiques. The outbreak of the Second World Customs and Excise Management Act 1979. War made it necessary to impose controls on exports generally in order to conserve national resources. As The Reviewing Committee on the Export of Works part of the war effort, Parliament enacted the Import, of Art and Objects of Cultural Interest Export and Customs Powers (Defence) Act 1939, and An independent Reviewing Committee on the Export in addition the Defence (Finance) Regulations, which of Works of Art was first appointed in 1952 following were intended not to restrict exports but to ensure the recommendations of the Waverley Committee. that, when goods were exported outside the Sterling It succeeded an earlier Committee of the same name Area, they earned their proper quota of foreign established in 1949, comprising museum directors exchange. In 1940, antiques and works of art were and officials, which heard appeals against refusals brought under this system of licensing. and, from 1950, all cases where refusals were recommended. The Committee’s terms of reference, It was in 1950 that the then Labour Chancellor of as set out in the Waverley Report, were: the Exchequer, Sir Stafford Cripps, established a committee under the Chairmanship of the First i) To advise on the principles which should govern Viscount Waverley ‘to consider and advise on the the control of export of works of art and antiques policy to be adopted by His Majesty’s Government under the Import, Export and Customs Powers in controlling the export of works of art, books, (Defence) Act 1939; manuscripts, armour and antiques and to recommend ii) To consider all the cases where refusal of an export what arrangements should be made for the practical licence for a work of art or antique is suggested on operation of policy’. The Committee reported in grounds of national importance; 1952 to R A Butler, Chancellor in the subsequent iii) To advise in cases where a Special Exchequer Grant Conservative administration, and its conclusions still is needed towards the purchase of an object that form the basis of the arrangements in place today. would otherwise be exported; Export of Objects of Cultural Interest 2006-07 81
iv) To supervise the operation of the export control The Committee reaches a decision on the merits of system generally. any object which the relevant expert adviser draws to its attention. These were subsequently revised following the recommendations of the Quinquennial Review, which A hearing is held at which both the expert adviser also recommended that the Committee’s name be and the applicant submit a case and can question expanded by adding ‘and Objects of Cultural Interest’. the other party. The permanent Committee members (See Annex B for revised terms of reference.) are joined for each hearing by independent assessors (usually three), who are acknowledged experts in The Committee is a non-statutory independent body the field of the object under consideration. They whose role is to advise the Secretary of State whether temporarily become full members of the Committee a cultural object which is the subject of an application for the duration of consideration of the item for an export licence is of national importance under in question. the Waverley criteria (so named after Viscount Waverley), which were spelt out in the conclusions If the Committee concludes that an item meets at of the Waverley Report. The Committee consists of least one of the Waverley criteria, its recommendation eight full members, appointed by the Secretary of is passed on to the Secretary of State. The Committee State for Culture, Media and Sport, seven of whom also passes on an assessment of the item’s qualities have particular expertise in one or more relevant and a recommendation as to the length of time for fields (paintings, furniture, manuscripts etc), and a which the decision on the export licence should be Chairman. A list of members during the year covered deferred, to provide UK institutions and private by this report is at the front of this report and brief individuals with a chance to raise the money to details of members are included at Appendix C. purchase the item to enable it to remain in this country. It is the Secretary of State who decides The Waverley criteria whether an export licence should be granted or The Waverley criteria are applied to each object the whether it should be deferred, pending the possible Committee considers. receipt of a suitable matching offer from within the UK which will lead to the refusal of the licence if it • Waverley one. Is it so closely connected with is turned down. our history and national life that its departure would be a misfortune? Since the Committee was set up in 1952, many • Waverley two. Is it of outstanding aesthetic important works of art have been retained in the UK importance? as a result of its intervention. These embrace many different categories and, to take an illustrative • Waverley three. Is it of outstanding significance selection, include Titian’s The Death of Actaeon (1971), for the study of some particular branch of art, Raphael’s Madonna of the Pinks (2004) and, from the learning or history? British school, Reynolds’ The Archers (2005). Not only paintings but sculpture, including The Three Graces by These categories are not mutually exclusive and an Canova (1993); antiquities, for example a ‘jadeite’ object can, depending on its character, meet one, two, Neolithic axe-head brought into Britain c.4000 BC or three of the criteria. (2007); porcelain – a 102-piece Sèvres dinner service presented to the Duke of Wellington (1979); furniture – a lady’s secretaire by Thomas Chippendale (1998); 82
silver – a Charles II two-handled silver porringer and cover, c.1660, attributed to the workshop of Christian van Vianen (1999); textiles – a felt appliqué and patch- worked album coverlet made by Ann West in 1820 (2006) and manuscripts, for example the Foundation Charter of Westminster Abbey (1980) and the Macclesfield Psalter (2005). This short list shows quite clearly the immense cultural and historic value of what has been achieved.
Unfortunately, and perhaps almost inevitably, some have got away. Noteworthy examples include David Sacrificing before the Ark by Rubens (1961), A Portrait of Juan de Pareja by Velasquez (1971), Sunflowers by Van Gogh (1986), and Portrait of an Elderly Man by Rembrandt (1999). Among items other than pictures that were exported are The Burdett Psalter (1998), The World History of Rashid al-Din (1980), The Codex Leicester by Leonardo da Vinci (1980), and the Jenkins or ‘Barberini’ Venus (2003) which are all of the highest quality in their field. By any measure these are all losses to the UK of items of world significance. Export of Objects of Cultural Interest 2006-07 83
Appendix B
Terms of reference of the Reviewing Committee on the Export of Works of Art and Objects of Cultural Interest The Committee was established in 1952, following the recommendations of the Waverley Committee in its Report in September of that year. Its terms of reference are:
(a) to advise on the principles which should govern the control of export of objects of cultural interest under the Export Control Act 2002 and on the operation of the export control system generally;
(b) to advise the Secretary of State on all cases where refusal of an export licence for an object of cultural interest is suggested on grounds of national importance;
(c) to advise in cases where a special Exchequer grant is needed towards the purchase of an object that would otherwise be exported. 84
Appendix C
Membership of the Reviewing Committee on the PROFESSOR DAVID EKSERDJIAN Export of Works of Art and Objects of Cultural Professor of the History of Art and Film, University Interest during 2006-07 of Leicester. He is an expert on Italian Renaissance LORD INGLEWOOD (CHAIRMAN) paintings and drawings and the author of Correggio (1997) and Parmigianino (2006). Formerly a Fellow of Lord Inglewood, previously Richard Vane, has been Balliol College, Oxford (1983-86) and Corpus Christi called to the Bar and is also a Chartered Surveyor. College, Oxford (1987-91), he worked in the Old Between 1989-1994 and 1999-2004 he was Master Paintings and Master Drawings departments Conservative Spokesman on Legal Affairs in the at Christie’s in London from 1991-1997, and, in European Parliament. He has chaired the Development addition, from 1992 was Head of European Sculpture Control Committee of the Lake District Planning and Works of Art Department there. He was editor of Board and is Chairman of Cumbrian Newspaper Apollo magazine from 1997-2004. He has organised Group, and of Carr’s Milling Industries plc. He was and contributed to the catalogues of numerous Parliamentary Under Secretary of State in the exhibitions, including Old Master Paintings from the Department of National Heritage between 1995-97. Thyssen-Bornemisza Collection (Royal Academy 1988) In 1999 he was elected an hereditary member of and Andrea Mantegna (Royal Academy, London and the House of Lords, and a fellow of the Society of Metropolitan Museum of Art, New York, 1992). Antiquaries (FSA) in 2003. He owns and lives at In 2004, he was made an Honorary Citizen of the Hutton-in-the-Forest, his family’s historic house town of Correggio. In September 2006, he became in Cumbria. a Trustee of the National Gallery. Appointed 1 December 2003: appointment Appointed 14 November 2002: appointment expires on 30 November 2007 expires 12 November 2010
AMANDA ARROWSMITH JOHNNY VAN HAEFTEN A qualified and registered archivist, Ms Arrowsmith Chairman and Managing Director of Johnny Van worked in archives for Northumberland, Berkshire Haeften Ltd, the gallery specialising in seventeenth- and Suffolk County Councils before being appointed century Dutch and Flemish Old Master pictures, which Director of Libraries and Heritage for Suffolk in 1990, he has run for thirty years, since leaving Christie’s. a post from which she retired in March 2001. She has He is also on the Board of Trustees and the Executive served as a member of the Lord Chancellor’s Advisory Committee of the European Fine Art Foundation Committee on Public Records and is a past president and is an adviser to the Fine Art Fund. He was Vice of the Society of Archivists. She has also served on Chairman of the Society of London Art Dealers, the Executive Committee of the Friends of the a former council member of the British Antique National Libraries, the East of England Cultural Dealers Association, and a former Chairman of Consortium of the South East Museums Service and Pictura, the pictures section of the European Fine has chaired the Heritage Lottery Fund Committee Art Fair in Maastricht. for the East of England. Appointed 28 June 2001: appointment expires on Appointed 1 February 2002: resigned 5 May 2006 27 June 2008 Export of Objects of Cultural Interest 2006-07 85
SIMON SWYNFEN JERVIS TIM KNOX Currently a Director and Trustee of The Burlington Director of Sir John Soane’s Museum from 1 May Magazine, Chairman of the Furniture History Society, 2005. Head Curator of the National Trust from 2002 – Chairman of the Walpole Society and Chairman of 2005 and its Architectural Historian previously. the Leche Trust. He previously held the posts of Acting Between 1989 and 1995 he was Assistant Curator Keeper and then Curator of the Department of at the Royal Institute of British Architects’ Drawings Furniture at the Victoria & Albert Museum, before Collection. He is a Trustee of the Pilgrim Trust and becoming Director of the Fitzwilliam Museum, of the Stowe House Preservation Trust. He was Cambridge (1989 to 1995). He then served as Director appointed Historic Buildings Adviser to the Foreign of Historic Buildings at the National Trust (1995 to and Commonwealth Office in 2005 and is a member 2002). He is also an Honorary Vice President of the of the Conseil scientifique de l’établissement public Society of Antiquaries of London, a Life Trustee of du musée et du domaine national de Versailles. Sir John Soane’s Museum and a member of the He was a founding member of the Mausolea and Advisory Council of the Art Fund. Monuments Trust, and its Chairman 2000-2005. Appointed 10 April 2007: appointment expires on 9 He regularly lectures and writes on aspects of April 2011 architecture, sculpture and the history of collecting. Appointed 14 March 2002: appointment expires 13 March 2009 DR CATHERINE JOHNS
Former Curator of the Romano-British collections at MARTIN LEVY the British Museum. She was trained in prehistoric and Roman Archaeology, and has published and Chairman of H Blairman & Sons. He was Chairman lectured extensively, especially on Roman provincial of the British Antique Dealer’s Association (1993-94), art, jewellery and silver. Her publications include Council member of the Furniture History Society Sex or Symbol; erotic images of Greece and Rome (1994-96), and is a member of the Collections (1982), The jewellery of Roman Britain (1996), museum Committee for the Jewish Museum and a member catalogues of Roman treasure finds, and more than of the Spoliation Advisory Panel. He has been a hundred articles in scholarly journals. She has served published by various journals including Furniture on the committees of the Society of Antiquaries, History, Apollo and Country Life. the Roman Society, and the British Archaeological Appointed 1 March 1997: appointment expired Association. She was a former Chair of the Society on 28 February 2007 of Jewellery Historians and is currently a Trustee of the Roman Research Trust . Appointed 19 February 2003: appointment expires on 17 February 2011 86
PROFESSOR PAMELA ROBERTSON Currently Senior Curator of the Hunterian Art Gallery, University of Glasgow (since 1998). She was appointed Professor of Mackintosh Studies in 2003. She is a Fellow of the Royal Society of Edinburgh, a Member of the Interiors and Collections Committee of the National Trust for Scotland and Chair of the Charles Rennie Mackintosh Society. Previously, she was a member of the Historic Buildings Council for Scotland (1998 to 2002). She has organised a range of exhibitions and her publications include Charles Rennie Mackintosh: The Architectural Papers (ed.1990); Charles Rennie Mackintosh: Art is the Flower (1995); The Chronycle: The Letters of C R Mackintosh to Margaret Macdonald Mackintosh (2001). Appointed 2 December 2003: appointment expires on 1 December 2007
DR CHRISTOPHER WRIGHT Dr Christopher Wright joined the Department of Manuscripts, British Library, in 1974 and was Head of Manuscripts from 2003 until his retirement in October 2005. He is a Fellow of the Society of Antiquaries (2002) and a Fellow of the Royal Historical Society (1982). His publications include George III (2005) and, as editor, Sir Robert Cotton as Collector: Essays on an Early Stuart Courtier (1997). From 1989 to 1999, he was editor of the British Library Journal. He served as a Trustee of the Sir Winston Churchill Archives Trust, Cambridge (2001 to 2005) and was on the Council of the Friends of the National Libraries (2003 to 2006). From August 2005 he has been a Trustee of The Handwriting of Italian Humanists. In October 2005, he was appointed to the Acceptance in Lieu Panel of the Museums Libraries and Archives Council. Appointed 20 November 2006: appointment expires on 19 November 2010 Export of Objects of Cultural Interest 2006-07 87
Appendix D
List of independent assessors who attended meetings during 2006 – 2007
William Agnew, W Agnew & Company Ltd Case 22
Professor Brian Allen, Director of Studies, Paul Mellon Centre for Studies in British Art Cases 4, 6 & 10
Charles Beddington, Charles Beddington Ltd Case 11
Professor Julia Boffey, Head of School of English and Drama, Case 9 Queen Mary University of London
Dr Steve Burrow, Earlier Prehistorian, National Museums Wales Case 24
Dr Peter Cannon-Brookes, formerly Keeper of Department of Art, Cases 20 & 21 National Museum of Wales
Alison Carter, Senior Keeper of Art and Design, Hampshire County Council Case 16
Clarissa Campbell Orr, Head of History, Anglia Ruskin University Case 17
Peter Clayton, Seaby Antiquities/ Retired Archaeologist Cases 7, 8 & 26
Andrew Clayton-Payne, Andrew Clayton-Payne Ltd Cases 4, 6 & 10
Dr Richard Cocke, Senior Lecturer, School of World Art Studies & Museology, Cases 1, 20 & 21 University of East Anglia
Shirley Corke, retired Archivist, Guildford Muniment Room, Surrey History Centre Case 14
David Crook, Medieval Team, Research Knowledge & Academic Services Department, Case 9 National Archives
Professor David Davies, Emeritus Professor in the History of Art, University of London Case 11
Professor A S G Edwards, Editor, English Manuscript Studies 1100-1700 Cases 25 & 27
Dr Mark Evans, Senior Curator of Paintings, Victoria and Albert Museum Case 18
Sam Fogg, Sam Fogg Ltd Case 27
Michael German, Michael German Antiques Ltd Case 3
Francesca Galloway, Francesca Galloway Ltd Cases 16 & 23 88
Professor James Graham-Campbell, Emeritus Professor of Medieval Archaeology, Case 26 University College London
Dr Richard Hall, Deputy Director, York Archaeological Trust Case 26
Colin Harrison, Assistant Keeper, Ashmolean Museum Cases 4, 6 & 10
Joanna Hashagen, Keeper of Textiles, The Bowes Museum Case 23
Professor David Hinton, Head of Education, Department of Archaeology, Cases 7 & 8 University of Southampton
Robert Holden, Robert Holden Ltd Case 19
Emma House, Assistant Keeper of Fine Art, The Bowes Museum Case 11
Clive Hurst, Head of Rare Books, Bodleian Library Case 12
Anthea Jarvis, retired Principal Curator, Gallery of English Costume, Platt Hall Case 13
Alastair Laing, Adviser on Pictures and Sculptures, National Trust Cases 19 & 22
Professor Andrew Lambert, Department of War Studies, King’s College London Case 28
Andrew Loukes, Curator of Fine Art, Manchester Art Gallery Case 18
Gregory Martin, Art Consultant Cases 2, 20 &21
Professor David McKitterick, Librarian, Trinity College Cambridge Cases 25 & 27
Dr Roger Morriss, Centre for Maritime Historical Studies, University of Exeter Case 28
Anthony North, retired Curator, Victoria & Albert Museum Case 3
Dorothy Osler, Independent Author and Quilt Scholar Case 16
Richard Ovenden, Keeper of Special Collections and Western Manuscripts, Bodleian Library Case 14
David Park, Director/ Head of Books & Manuscripts Department, Bonhams Cases 9, 14 & 15
Dr Tim Pestell, Curator (Anglo-Saxon), Archaeology Department, Norfolk Museums Cases 7 & 8 and Archaeology Service Export of Objects of Cultural Interest 2006-07 89
Felix Pryor, Archive and Manuscript Consultant Cases 17 & 25
Pauline Rushton, Curator of Costume and Textiles, National Museums Liverpool Case 13
David Scrase, Assistant Director, Collections and Keeper of Paintings, Drawings and Prints, Case 19 Fitzwilliam Museum
Professor Adrian Seville, Independent Game Historian and former Academic Registrar, Case 12 City University
Dr Alison Sheridan, Head of Early Prehistory, National Museums Scotland Case 24
Emma Slocombe, Curator (Interiors), Scotney Castle Garden and Estate Case 23
Timothy Stevens, Gilbert Collection, Hermitage Development Trust Cases 1, 2 & 22
Dr Sara Stevenson, Chief Curator, Scottish National Portrait Gallery Case 15
Kerry Taylor, Kerry Taylor Auctions LLP Case 13
Michael Tollemache, Michael Tollemache Fine Art Case 18
Dr Stephen Twigge, Head of Research, The National Archives Case 5
Joanna van der Lande, Bonhams Case 24
Edward Wakeling, Collector, Consultant, Researcher and Writer Case 15
Aidan Weston-Lewis, Senior Curator of Italian and Spanish Art, National Gallery Case 1 of Scotland
Michael Webb, Special Collections and Western Manuscripts, Bodleian Library Cases 5 & 17
Sir Christopher White, former Director, Ashmolean Museum Case 2
John Wilson, John Wilson Manuscripts Ltd Case 5
Stephen Wood, Researcher and Consultant Cases 3 & 28 90
Appendix E
Value of items placed under deferral (1997-98 to 2006-07) (i) for which permanent licences were issued and (ii) where items were purchased by UK institutions or individuals
(1) (2) (3) (4) (5) (6) (7) Year Value of Value (at Value of Value of Value (at Value of items where deferral) of items in items in (2) deferral) of items in a decision cases in (2) (3) as % that were cases in (2) (6) as % on the where items of (2) not where items of (2) licence were licensed were application licensed for for export purchased was permanent (£m) by UK deferred export institutions or (£m) (£m) individuals1 (£m) 1997-98 23.3 18.9 81% 4.42 4.3 18% 1998-99 23.5 21.0 89% 2.53 2.3 10% 1999-2000 9.5 5.0 53% 4.54 0.5 5% 2000-01 19.3 12.6 65% 6.65 3.7 19% 2001-02 18.96 11.47 60% 7.58 5.49 29% 2002-03 74.9 23.2 31% 51.710 39.2 52% July 2003- 7.7 1.0 13% 6.8 6.8 88% April 2004 2004-05 46.4 30.2 65% 16.211 5.8 13% 2005-06 15.6 7.3 47% 8.3 8.3 53% 2006-07 24.5 10.712 44% 11.813 7.0 29% TOTALS 263.2 141.3 54% 120.3 83.3 32%
1 This only includes items purchased by individuals who agree to guarantee satisfactory public access, conservation and security arrangements. 2 Includes value of one case (£122,500) where a matching offer was refused and the Secretary of State therefore refused an export licence. 3 Includes value of one case (£130,275) where the licence application was withdrawn during the deferral period. 4 Includes value of four cases (£4,060,642.50) where the licence application was withdrawn during the deferral period. 5 Includes value of four cases (£2,964,362.50) where the licence application was withdrawn during the deferral period. 6 Excludes one case where the item was originally found to be Waverley but subsequently found to have been exported into the UK within the last 50 years. 7 Excludes value of one case (£2,000,000) where a licence was issued, but the owner subsequently sold the items to a UK institution and one case (£65,868.75) where it was subsequently discovered the items had not been in the UK for 50 years, so a licence was issued in accordance with normal policy. 8 Includes value of two cases (£237,607.50) where a matching offer was refused and the Secretary of State therefore refused an export licence, one case (£2,000,000) where a licence was issued but the owner subsequently sold the items to a UK institution and one case (£1,815,750) where the licence application was withdrawn although no matching offer was made. 9 Includes value of one case (£2,000,000) where a licence was issued but the owner subsequently sold the item to a UK institution. 10 Includes value of two cases (£12,543,019.38) where a matching offer was refused and the Secretary of State therefore refused an export licence. 11 Includes value of five cases (£10,422,776) where the application was withdrawn during the deferral period. 12 Excludes value of one case (£21,000) where an item was originally thought to be Waverley but subsequently found to have been imported into the UK within the last 50 years. 13 Includes value of two cases (£2,700,000 and £2,088,800) where the applications were withdrawn during the deferral period. Excludes one case still under deferral at the time of writing. Export of Objects of Cultural Interest 2006-07 91
Appendix F
Items licensed for export after reference to expert advisers as to national importance: 1 May 2006 – 30 April 2007
Category Advising authority No of Items Total value (£)
Arms and armour Royal Armouries, HM Tower of London, Master of the Armouries 10 1,713,520 Books, maps etc British Library, Keeper of Printed Books, Keeper of Printed Maps 90 18,404,982 Books (natural history) British Museum (Natural History), Head of Library Services 3 230,400 Clocks and watches British Museum, Keeper of Clocks and Watches 41 13,664,318 Coins and medals British Museum, Keeper of Coins and Medals 364 10,486,518 Drawings: architectural, Victoria & Albert Museum, Curator of the Prints, Drawings 60 12,851,889 engineering and scientific and Paintings Collection Drawings, prints, British Museum, Keeper of Prints and Drawings 340 95,611,382 watercolours Egyptian antiquities British Museum, Keeper of Egyptian Antiquities 1 260,000 Ethnography British Museum, Keeper of Ethnography 1 84,600 Furniture and woodwork Victoria & Albert Museum, Curator of the Furniture and 190 35,936,234 Woodwork Collection Greek and Roman British Museum, Keeper of Greek and Roman Antiquities 13 1,579,097 antiquities Indian furniture Victoria & Albert Museum, Curator of the Indian and South-East 3 905,000 Asian Department Japanese antiquities British Museum, Keeper of Japanese Antiquities 1 800 Manuscripts, documents British Library, Manuscripts Librarian 1,835 186,960,843 and archives Maritime material, National Maritime Museum 0 - including paintings Oriental antiquities British Museum, Keeper of Oriental Antiquities 66 17,281,152 (except Japanese) Oriental furniture Victoria & Albert Museum, Keeper of Oriental Furniture 2 426,800 Paintings, British, Tate, Keeper of the British Collection 195 306,756,768 modern Paintings, foreign National Gallery, Director 356 869,560,698 Paintings, miniature Victoria & Albert Museum, Curator of the Prints, Drawings 0 - and Paintings Collection Paintings, portraits National Portrait Gallery, Director 69 110,721,420 of British persons Photographs National Media Museum, Head of Museum 43 2,065,785 92
Category Advising authority No of Items Total value (£)
Pottery Victoria & Albert Museum, Curator of the Ceramics Collection 34 10,601,879 Prehistory & Europe British Museum, Keeper of Prehistory & Europe 23,338 18,528,303 (inc. archaeological material & Medieval and later antiquities) Scientific and Science Museum, Director 1 160,000 mechanical material Sculpture Victoria & Albert Museum, Curator of Sculpture 104 68,951,151 Silver and weapons, National Museums of Scotland, Curator 0 - Scottish Silver, metalwork Victoria & Albert Museum, Curator of the Metalwork, 229 46,378,100 and jewellery Silver and Jewellery Collection Tapestries, carpets Victoria & Albert Museum, Curator of the Textile, Furnishings 34 6,704,751 (and textiles) and Dress Collection Toys Museum of Childhood 0 - Transport Heritage Motor Centre 17 5,183,403 Wallpaper Victoria & Albert Museum, Curator of the Prints, 0 - Drawings and Paintings Collection Western Asiatic British Museum, Keeper of Western Asiatic Antiquities 4 835,000 antiquities Zoology British Museum (Natural History), Keeper of Zoology 0 - (stuffed specimens) TOTALS 27,444 1,842,844,793 Export of Objects of Cultural Interest 2006-07 93
Appendix G
EXTRACT FROM MUSEUMS AND institutions in the US and, from time to time, GALLERIES IN BRITAIN elsewhere in Europe. Collections purchase Of course, there are other ways for museums and In Table 4, we consider the resources available for the galleries to extend their collections, most obviously leading British museums and galleries to extend or by gifts and donations. But this source can only go improve their collections. As with the previous table, so far in making up the modest sums available for the numbers are ‘lumpy’ from year to year, reflecting purchases. Moreover, not everything that institutions the variable nature of museums’ and galleries’ would or should collect is currently the object of capacities to invest in their stock of artefacts (though existing private collections. Also, the scale of private the ‘lumpy’ nature of objects coming to market may wealth in the United States is such that very much also be a factor). The average spend per year of this larger collections are likely to be built up there. set of institutions is in the range £25 to £40 million, though there are years above and below this total. Table 5 compares the expenditure on collections purchase in leading British museums and galleries Larger expenditures on collections occur at the in recent years. In each case, the average annual National Gallery, the British Museum and Tate. The expenditure for each year where data exists since latter, in particular, appears to manage a relatively 1997-98 is shown. For purposes of comparison, consistent spend of around £10 million per year, the equivalent data from a number of overseas though prices of many cultural artefacts have institutions are also shown, though the time-series risen faster than inflation. For other national for these numbers is rather shorter. institutions, sums of under £1 million per annum are typical. In a number of cases, particularly the major Although the ‘overseas’ museums available for regional museums included in this study, the amounts comparison are to some extent opportunistically spent are less than £100,000 a year. Figures from Art selected by being major institutions where there are Market Report suggest inflation in the cost of Old published data for two or more years, the general Master paintings over the period since 1980 has been point made by Table 5 is clear. There are a number over 400 per cent. For the top two per cent of of important museums and galleries in other paintings, the rise was very much higher. countries, particularly the US, where the annual level of expenditure on purchases is significantly greater Thus, the amounts spent on acquisitions are very than in the leading UK institutions. small. In some years, the amount spent by the leading British museums and galleries on purchasing new Indeed, there are likely to be many American artefacts – ranging from scientific via heritage to institutions that are spending significantly more on artistic and natural history items – is less than £20 acquisitions than any British museum or gallery. million. Major auction houses in New York, London Moreover, the scale of donations of artefacts and and Paris from time to time sell individual items collections (as opposed to money) – particularly in costing more than this total. Leading institutions in the United States – means this table understates the the United States can often spend several times as disadvantage of the UK institutions compared with much. There can be little doubt that, coupled with the their American counterparts. patchy nature of capital investment discussed above, this inability to build up collections by purchase means that British institutions are at an inevitable disadvantage compared with their equivalent 94
Table 4: Collections purchase
Institutions Expenditure Collections purchase (£000s) 97/98 98/99 99/00 00/01 01/02 02/03 03/04 04/05 05/06
Birmingham Museums 319 61 47 45 27 232 148 & Art Gallery Bristol’s Museums, 11 29 19 19 16 69 Galleries & Archives Hampshire County Council 19 29 30 43 50 Leicester City Museums Service 6 16 61 3 16 Norfolk Museums & Archaeology Service 1,473 220 130 316 96 Sheffield Galleries & Museums Trust 7 37 43 280 94 Tyne & Wear Museums 368 59 56 23 12 441 28 229 153 Subtotal – regional museums 368 59 382 1,611 166 815 761 945 516 National Museums of Scotland 781 226 522 600 469 586 582 507 327 Amgueddfa Cymru 1,552 2,781 2,523 1,679 409 422 530 506 554 British Museum 1,866 3,180 2,454 9,725 17,847 2,238 6,578 1,163 2,320 Imperial War Museum 447 420 360 226 94 177 191 190 123 Museum of London 19 190 260 875 National Gallery 14,124 878 19,884 9,550 7,001 1,668 35,756 7,376 3,262 National Maritime Museum 200 500 400 200 700 1,400 100 347 185 National Museum of 156 263 173 161 88 25 9 4 20 Science & Industry National Museums Liverpool 300 158 100 152 330 4,043 488 1,708 National Portrait Gallery 400 400 700 300 800 1,000 700 703 1,049 Natural History Museum 171 5 Royal Armouries 340 250 240 90 240 210 250 260 131 Tate 8,979 8,540 12,409 8,474 7,365 11,287 16,865 8,983 13,332 Victoria and Albert Museum 1,193 916 1,590 813 2,503 1,408 1,872 1,287 1,082 Subtotal – national museums 30,338 18,512 41,355 31,970 38,036 24,654 64,181 23,909 22,390 TOTAL 30,706 18,571 41,737 33,581 38,202 25,468 64,941 24,854 22,906
Donated pictures and donations relating to capitalised collection acquisitions are disclosed as donations and sponsorship income, and donated collection acquisitions as collection purchases Export of Objects of Cultural Interest 2006-07 95
Table 5: Average annual spend on collections purchaseby museums and galleries – Britain and overseas (£m)
Institution Average annual expenditure on acquisitions 2001-2004* (£m)
National Gallery 12.270 Tate 10.595 British Museum 7.621 Victoria and Albert Museum 1.577 National Museums Liverpool 1.344 Amgueddfa Cymru – National Museum Wales 0.709 National Portrait Gallery 0.701 National Maritime Museum 0.549 National Museums Scotland 0.549 Museum of London 0.336 Royal Armouries 0.210 Imperial War Museum 0.176 National Museum of Science & Industry 0.057 Natural History Museum 0.171 Van Gogh Museum (Netherlands) 17.402 Louvre (France) 6.416 Rijksmuseum (Netherlands) 3.851 State Museums Berlin (Germany) 1.377 Musee d’Orsay (France) 1.056 Staatliche Kunstsammlungen Dresden (Germany) 0.305 Deutches Museum (Germany) 0.187 J Paul Getty Museum (USA) 17.005 Metropolitan Museum (USA) 16.623 MoMA (USA) 9.859 MFA Boston (USA) 8.237
These figures do not record the value of donations and bequests, and therefore are not representative of the overall collecting activity of institutions Source for UK figures – MLA/NMDC questionnaire (data from 2000/1-2004/5) Source for international figures – Published annual reports or annual financial statements, 2001-2004 where available.Research conducted for NMDC by AEA Consulting, 2005. (Data not available for every year. Currency conversion at current rate,November 2006) Additional work on this subject has now been published by The Art Fund, which suggests that the analysis in this MLA/NMDC report may understate the problem (The Art Fund 2006) 96
Appendix H
Applications considered and deferred on the recommendation of the Reviewing Committee: 1997-98 to 2006-07
Year Number of Value of Number of Total Number of Support Number of Support Number Support Waverley Waverley Waverley amount Waverley by HLF/ Waverley by The of by MLA/ items items items spent on items NHMF (£) items Art Fund Waverley V&A granted a granted a purchased Waverley supported supported (£) items Purchase permanent permanent during items by HLF/ by The Art supported Grant export export deferral purchased NHMF Fund by MLA/ Fund (£) licence licence (£) during V&A deferral (£) Purchase Grant Fund 1 1997-98 7 18,896,762 7 4,125,200 3 1,180,633 5 376,500 2 54,500 2 1998-99 8 21,009,066 8 2,369,631 3 560,000 5 117,320 3 58,000 1999-2000 3 5,024,833 6 491,027 2 140,100 3 131,500 2 42,290 3 4 4 2000-01 7 12,367,972 23 3,168,087 6 1,780,630 7 690,7014 2 5,012 5 2001-02 5 11,436,169 21 2,944,208 18 1,627,956 19 569,395 3 78,000 2002-03 9 23,191,548 12 26,173,106 7 14,283,115 9 905,184 1 30,000 July 2003- 2 1,000,000 5 2,237,604 1 110,000 2 79,000 1 40,000 April 2004 2004-05 10 30,193,090 10 5,825,135 4 2,577,000 4 975,000 1 3,500 2005-06 8 7,285,012 9 8,278,510 4 855,200 5 308,330 3 32,330 6 2006-07 4 10,699,088 12 15,215,700 4 1,944,032 3 700,275 2 40,000
1 A grant of £12,000 was also made for conservation work 2 Including a Roman gold finger-ring, valued at £2,352.50, which was donated by the owner to the British Museum 3 Including a series of 13 related finds 4 Offers of grants were made for a further two items by the NHMF and the NACF. In both cases, the licence applications were withdrawn 5 A licence was issued for a further item, but it was subsequently sold to a UK institution 6 Excludes one case where an item was originally thought to be Waverley but subsequently found to have been imported into the UK within the last 50 years. Export of Objects of Cultural Interest 2006-07 97
Year Item Purchaser Price Support by Support by Support by (£) HLF/NHMF The Art MLA/V&A (£) Fund Purchase (£) Grant Fund (£)
1997-98 A drawing, Antonio Canova Victoria & Albert 525,400 0 262,700 0 in His Studio, by Hugh Museum Douglas Hamilton 1997-98 A silver eggcup frame and National Trust 120,000 0 35,000 35,000 eggcups, by Peter Archambo 1997-98 A painting, Girl with a Anonymous UK 1,845,637.50 0 0 0 Tambourine, by Jusepe de buyer Ribera, 1637 1997-98 A chair designed by Charles Hunterian Museum 140,000 (HLF) 70,000 35,000 0 Rennie Mackintosh for and Art Gallery Hous’hill, 1904 1997-98 The Warwick Shakespeare Shakespeare 135,862.50 (HLF) 101,900 0 19,500 deed, 1602 Birthplace Trust 1997-98 A medieval bronze purse, British Museum 15,300 0 4,300 0 c.1450 1997-98 A painting, Nearing Camp on Bolton Museum, Art 1,343,000 (HLF)1,008,733 39,500 0 the Upper Colorado River, by Gallery and Aquarium (plus 12,000 Thomas Moran, 1882 for conservation) 1998-99 A first-century AD bronze Corinium Museum 4,000 0 1,000 2,000 harness-mount 1998-99 Three paintings: Mr William Doncaster Museum 215,000 (HLF) 161,000 13,000 26,000 Brooke, Mr William Pigot, and Art Gallery and Mrs William Pigot, by Joseph Wright of Derby, c.1760 1998-99 A gilt-bronze figure of Saint Ipswich Borough 95,000 (HLF) 70,000 15,000 0 John the Evangelist, c.1180 Council and St Edmundsbury Borough Council 1998-99 A lady’s secretaire by Leeds Museums and 650,000 (HLF) 329,000 70,000 0 Thomas Chippendale, 1773 Galleries for Temple Newsam House 1998-99 A Charles II two-handled silver Fitzwilliam Museum 73,282.50 0 18,320 30,000 porringer and cover, c.1660, attributed to the workshop of Christian van Vianen 1998-99 A painting, Le Ruisseau, Anonymous UK 1,200,000 0 0 0 by Paul Gauguin, 1885 buyer 1998-99 A painting, Collage (Jan 27 Tate Gallery 129,995.63 0 0 0 1933), by Ben Nicholson 1999-00 A manuscript, the Swan Roll, Norfolk Record Office 34,870 0 0 17,290 c.1500 1999-00 A Romano-British pottery British Museum 3,850 0 0 0 vessel, AD 200-250 98
Year Item Purchaser Price Support by Support by Support by (£) HLF/NHMF The Art MLA/V&A (£) Fund Purchase (£) Grant Fund (£)
1999-00 An Anglo-Saxon silver gilt British Museum 9,000 0 4,500 0 and niello mount from a sword scabbard 1999-00 An English hand-knotted Burrell Collection 297,969.56 (HLF) 102,500 75,000 0 carpet, c.1600 1999-00 A George III period metal Falkirk Council 43,000 (HLF) 37,600 0 0 mounted and stained beech Museum Services model of a Carronade, a type of gun-howitzer, 1779 1999-00 A pastel portrait, One of the Samuel Courtauld Trust 102,337.50 0 52,000 25,000 Porters of the Royal Academy, by John Russell RA (1745-1806) 2000-01 Archival papers of Sir James British Library 115,000 0 0 0 Mackintosh (1765-1832) 2000-01 A parcel-gilt reliquary figure Victoria & Albert 1,455,536.2 (NHMF) 282,947 0 of Saint Sebastian, dated 1497 Museum 7 1,111,530 2000-01 A Roman agate intaglio British Museum 240,914.09 0 96,000 0 engraved with the bust of Octavian as Mercurius, known as the Ionides Octavian Gem, 35-25 BC 2000-01 A German armorial travelling Victoria & Albert 120,719.17 (NHMF) 58,400 34,247 0 desk, dated 1683 Museum 2000-01 A George II mahogany hall English Heritage 169,093.75 (NHMF) 85,000 45,000 0 chair made for Richard Boyle, third Earl of Burlington, c.1730 2000-01 A series of letters by George British Library 17,918.75 0 0 0 Eliot (1819-80) 2000-01 The personal archive of Royal Institute of 25,000 (HLF) 18,700 0 3,550 Charles Francis Annesley British Architects Voysey (1857-1941) 2000-01 Middle Bronze Age palstave Dorset County Museum 3,215 0 0 1,462 axe heads from the Marnhull hoard, Dorset, 1400-1250 BC 2000-01 An Egyptian limestone relief, British Museum 82,507 0 82,507 0 c.1295-1069 BC 2000-01 A Roman marble statue of British Museum 679,683.14 (HLF) 362,000 100,000 0 a Molossian hound, called The Dog of Alcibiades, 2nd century AD 2000-01 Three English fifteenth-century Victoria & Albert 258,500 (HLF) 145,000 50,000 0 wooden figures Museum Export of Objects of Cultural Interest 2006-07 99
Year Item Purchaser Price Support by Support by Support by (£) HLF/NHMF The Art MLA/V&A (£) Fund Purchase (£) Grant Fund (£)
2001-02 A watercolour, Near Beddgelert National Museums 300,000 0 70,000 0 (A Grand View of Snowdon), and Galleries of Wales by Thomas Girtin, c.1799 2001-02 A bronze and ormolu hanging National Trust 110,568.75 0 47,784 15,000 light by James Deville (1776- 1846), from Gawthorpe Hall 2001-02 A pair of George III carved Birmingham Museums 285,485.25 (HLF)117,500 79,936 43,000 stone sphinxes and Art Gallery 2001-02 A drawing, Study for the Fitzwilliam Museum 945,000 (HLF) 700,000 225,000 0 Institution of the Eucharist, by Federico Barocci (1528/35-1612) 2001-02 Albumen Prints and Glass National Museum of 582,919.38 (NHMF) 471,500 100,000 0 Negatives by Charles Photography, Film and Lutwidge Dodgson Television/National (1832-98) (‘Lewis Carroll’) Portrait Gallery 2001-02 Two Late Bronze Age gold Ashmolean Museum 4,700 0 0 0 hair rings, c.1100-750 BC 2001-02 Pair of George II walnut Leeds Museums and 70,050 (HLF) 20,000 10,000 20,000 upholstered side chairs by Galleries for Temple William Hallett Newsam House 2001-02 The Kelso Archive, Scottish Borders Council 59,010 (HLF) 36,600 0 0 c.1750-1850 2001-02 The Archive of Walter Crane Whitworth Art Gallery 376,475 (HLF) 282,356 36,675 0 (1845-1915) and John Rylands Library of the University of Manchester 2001-02 A fifteenth-century Middle Wellcome Trust 210,000 0 0 0 English physician’s handbook 2002-03 A pair of George IV ormolu Temple Newsam House, 185,000 (HLF) 95,000 35,000 30,000 and mother of pearl black and Leeds gilt japanned papier-mache vases by Jennens and Bettridge, the mounts attributed to Edward Holmes Baldock 2002-03 Meissen porcelain figure of Victoria and Albert 510,688 (HLF) 383,000 75,000 0 a crouching king vulture Museum 2002-03 A miniature photo album National Library 49,165 0 9,165 0 by Mary Dillwyn of Wales 2002-03 A portrait, The Lieutenant National Army 539,130.95 (HLF) 349,436 0 0 General, the Hon. Robert Museum Monckton, by Benjamin West 2002-03 A Roman well-head, the British Museum 294,009.30 0 108,000 0 Guilford Puteal, c.100 BC 100
Year Item Purchaser Price Support by Support by Support by (£) HLF/NHMF The Art MLA/V&A (£) Fund Purchase (£) Grant Fund (£)
2002-03 An armchair and dressing Victoria and Albert Chair 41,790 0 43,019 0 table by Marcel Breuer Museum Table 44,248 for both 2002-03 A portrait, Richard Arkwright Derby Museum 1,217,500 (HLF) 999,500 55,000 0 junior with his wife Mary and and Art Gallery daughter Anne, by Joseph Wright of Derby 2002-03 Letters and Diaries of British Library 61,575 0 0 0 Claudius James Rich (1787-1821) 2002-03 A miniature of the Nativity, Victoria and Albert 250,000 (NHMF) 187,500 30,000 0 attributed to Jean Bourdichon Museum 2002-03 A bronze incense burner Ashmolean museum 980,000 (NHMF) 768,679 150,000 0 attributed to Desiderio da Firenze 2002-03 A painting the Madonna of National Gallery 22,000,000 (HLF) 11,500,000 400,000 0 the Pinks, by Raphael 2003-04 A Regency carved mahogany Victoria and Albert 100,000 0 44,000 0 centre table designed by Museum Thomas Hope for his house in Duchess Street, c.18 2003-04 A painting by Annibale National Gallery 805,280 0 0 0 Carracci, The Holy Family with the Infant Saint John the Baptist (“The Montalto Madonna”), 1597-1600 2003-04 Four silver wine coolers: Private Purchaser 1,098,513.68 0 0 0 one pair by Robert Joseph Auguste of Paris and one pair by Parker & Wakelin of London 2003-04 A Siena marble table made Beckford Tower Trust 220,000 110,000 35,000 40,000 for William Beckford. 2003-04 The Archive of G King & Son Norwich Town Close 13,810 0 0 0 Estate Charity 2004-05 A linen doublet, 1650s National Museums 25,935 0 0 0 of Scotland 2004-05 An Iron Age coin British Museum 2,000 0 0 0 2004-05 The Macclesfield Psalter Fitzwilliam Museum 1,685,600 (NHMF) 860,000 500,000 0 2004-05 A multi-gem Cartier bandeau Private purchaser 300,000 0 0 0 2004-05 A pink satin and black bugle Manchester City Galleries 12,350 0 0 3,500 beaded bodice 2004-05 A marble sculpture by The Rothschild 176,250 0 0 0 Benedetto Pistrucci Foundation 2004-05 The Melchett Cast-Iron Victoria and Albert 66,000 0 25,000 0 Fire Basket Museum Export of Objects of Cultural Interest 2006-07 101
Year Item Purchaser Price Support by Support by Support by (£) HLF/NHMF The Art MLA/V&A (£) Fund Purchase (£) Grant Fund (£)
2004-05 A drawing of Mary Hamilton Victoria and Albert 165,000 (NHMF) 75,000 50,000 0 by Sir Thomas Lawrence Museum 2004-05 A painting by Sir Joshua Tate 3,200,000 (NHMF)1,600,000 400,000 0 Reynolds, The Archers 2004-05 A Charles II silver dish Royal College of Physicians 192,000 (NHMF) 42,000 0 0 2005-06 An Anglo-Saxon gold coin of The British Museum 357,832 (NHMF) 225,000 60,000 0 King Coenwulf of Mercia 2005-06 Seven silver pieces (six off-cuts The Ulster Museum 1,000 0 0 0 from silver ingots and a stamped arm-ring fragment) 2005-06 A medieval bronze jug The Luton Museums 750,000 (NHMF) 568,000 137,500 0 Service 2005-06 The Codex Stosch The British Architectural 274,418 0 100,000 0 Library 2005-06 A pair of paintings entitled Compton Verney 6,000,000 0 0 0 View of the Grand Walk, Vauxhall Gardens and The Rotunda, Ranelagh by Giovanni Antonio Il Canaletto 2005-06 The silver cup by Solomon Ipswich Borough Council 84,000 (HLF) 42,000 0 30,000 Hougham presented to Museums Service Captain Philip Bowes Vere Broke 2005-06 A medieval figure of a bronze The Bassetlaw Museum 34,000 (HLF) 20,200 10,000 1,200 equestrian knight 2005-06 A Roman millefiori disc Oxfordshire Museums 2,260 0 830 1,130 Service 2005-06 A portrait of Louis XVI by A family philanthropic 775,000 0 0 0 Callet in a frame by Buteux trust 2006-07 The archive of Reverend Norfolk Record Office 83,050 (HLF) 50,000 0 £15,000 William Gunn 2006-07 Anglo-Saxon gilded mount with The Fitzwilliam Museum 7,000 0 0 0 interlace decoration 2006-07 Anglo-Saxon great World Museum Liverpool 15,000 (HLF) 7,500 0 0 square-headed brooch 2006-07 A watercolour painting by Tate 5,832,000 (NHMF) 1,950,000 500,000 0 J M W Turner, The Blue Rigi, Lake of Lucerne, Sunrise, 1842 2006-07 A collection of manuscript and Historic Royal Palaces & 120,000 0 120,000 0 printed maps cut as jigsaws and V&A Museum of housed in a mahogany cabinet Childhood 2006-07 An eighteenth-century Historic Royal Palaces 80,275 0 80,275 0 mantua and petticoat 102
Year Item Purchaser Price Support by Support by Support by (£) HLF/NHMF The Art MLA/V&A (£) Fund Purchase (£) Grant Fund (£)
2006-07 A felt appliqué and patch- Victoria and Albert Museum 34,450 0 0 0 worked album coverlet made by Ann West in 1820 2006-07 Diaries, correspondence and John Rylands University 123,500 (NHMF) 4,750 0 25,000 manuscript volumes of Library Mary Hamilton 2006-07 A Neolithic ‘jadeite’ axe-head Dorset County Museum 24,000 (NHMF) 14,000 8,000 2006-07 A Guild Roll of the Guild of Nottinghamshire Archives 6,600 0 0 3,300 St Mary 2006-07 A fifteenth-century The British Library 635,200 0 250,000 0 Illuminated Manuscript of the Hours of the Passion 2006-07 An eighteenth-century National Maritime Museum 48,000 0 0 0 Union flag Export of Objects of Cultural Interest 2006-07 103
Appendix J
Composition of the Advisory Council on the Export (vi) representatives of the: Arts Council of England; of Works of Art and Objects of Cultural Interest Arts Council of Northern Ireland; Arts Council of The Chairman of the Reviewing Committee is the Wales; Association of Independent Museums; National Chairman of the Advisory Council and the Museums Directors’ Conference; Friends of the membership is as follows: National Libraries; Heritage Lottery Fund; The National Archives; National Archives of Scotland; (i) the independent members of the Reviewing Art Fund; National Fund for Acquisitions; National Committee ex officio; Heritage Memorial Fund; National Trust; National Trust for Scotland; Pilgrim Trust; MLA/Victoria & (ii) the departmental assessors on the Reviewing Albert Purchase Grant Fund; the MLA/Science Committee (that is representatives of the Department Museum Fund for the Preservation of Scientific and for Culture, Media and Sport, Department of Trade Industrial Material (PRISM); Scottish Arts Council; and Industry, HM Treasury, Foreign and Commonwealth Office, HM Revenue and Customs, (vii) representatives of the: British Academy; British Scottish Executive Department for Culture, National Records Association; Canadian Cultural Property Assembly for Wales Department for Culture and Export Review Board (observer status); Chartered Northern Ireland Department for Culture); Institute of Library and Information Professionals (CILIP); Council for British Archaeology; Historic (iii) the Directors of the English and Scottish national Houses Association; Historical Manuscripts collections, the National Museum of Wales, the Ulster Commission; Museums Libraries and Archives Council Museum, and the Librarians of the National Libraries (MLA); Royal Academy of Arts; Royal Historical of Wales and Scotland; Society; Royal Scottish Academy; Scottish Records Association; Society of Antiquaries of London; Society (iv) the expert advisers to the Department for Culture, of Archivists; Standing Conference of National and Media and Sport, to whom applications for export University Libraries; licences are referred, other than those who are members by virtue of (iii) above; (viii) representatives of the trade nominated by the: Antiquarian Booksellers’ Association (two); Antiquities (v) eight representatives of non-grant-aided museums Dealers’ Association (two); Association of Art and and galleries in England, Scotland, Wales and Antique Dealers (two); Bonhams; British Antique Northern Ireland, nominated by the Museums Dealers’ Association (three); British Art Market Association; Federation; British Numismatic Trade Association (two); Christie’s; Fine Art Trade Guild; Society of London Art Dealers (two); Society of Fine Art Auctioneers; Sotheby’s. 104
Appendix K
FURTHER READING
The Export of Works of Art etc. Report of a Committee appointed by the Chancellor of the Exchequer (HMSO, 1952)
Export Licensing for Cultural Goods: Procedures and Guidance for Exporters of Works of Art and other Cultural Goods (Museums, Libraries and Archives Council, 2005)
Export Control Act 2002 (HMSO)
The Export of Objects of Cultural Interest (Control) Order 2003 (SI 2003 No. 2759)
Council Regulation (EEC) No 3911/92 of 9 December 1992 on the export of cultural goods
Quinquennial Review of the Reviewing Committee on the Export of Works of Art (DCMS, December 2003)
Response to the Quinquennial Review of the Reviewing Committee on the Export of Works of Art (DCMS, December 2004)
Goodison Review – Securing the Best for our Museums: Private Giving and Government Support (HM Treasury, January 2004)
Dealing in Cultural Objects (Offences) Act 2003 (HMSO)
Combating Illicit Trade: Due diligence guidelines for museums, libraries and archives on collecting and borrowing cultural material (DCMS, October 2005)
Contracting Out (Functions in Relation to Cultural Objects) Order 2005 – Statutory Instrument 2005 No. 1103
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